Review of New Publications. he cannot conquer. Nevertheless, Memory, which is the power of recollecting things paft, and which brutes poffefs in a certain degree; and Thought, which may be defined a right conception of things; may be greatly improved by dint of industry and early difcipline."... "Mankind in general act as if nothing more was necefiary than to drown all thought, and then give themselves up, to be led or driven, as paffion fways. Hence what can be more impious than to fpurn this inestimable gift, or bury this talent, which was given for the important purpofe of difcerning good from evil;and then to pretend, in excufe for all the madness they are guilty of, that they did not think; in other words, because they would not take the pains to think? For this purpofe, it would be useful for every one to fpend fome time every day in the following reflections:-whether he indulges paffion or appetite beyond the intention of nature; whether he only confults health, in eating, fleeping, and in recreations; whether he yields to anger, upon fmall or no provocations; whether he fulfils the duties of life according to the extent of his abilities. If any one fhould accustom himself to fuch felf-examination, we may truft fuch difcipline would not be mifapplied.-There is, perhaps, however, no one, whatever his rank or itation may be, so hardened in the ways of wickednefs, who does not intend, fome time or other, to review his conduct, and regulate the remainder of his life by the laws of virtue. But new temptations attach him, new invitations of pleasure or interest prefent themfelves, and the hour of reformation is delayed till to-morrow; and thus every delay gives vice another opportunity of fortifying itself by habit; and the change of manners, though it may be fincerely intended, is poftponed to the time when fome craving appetite fhall be fully gratified, or fome powerful allurement have loft its importunity; and fo the firft imperceptible ftep in vice leads the finner on- till he become at laft, like Henry IV, 'a penitent for fins, because he could no longer enjoy the fruits of his tranfgreffion.'-To the above general remarks we would recommend to our female friends the practice of one virtue in particular; which is of so much importance to the fex, that no elixir which can be purchased tends fo much to heighten their charms. Nor is its being an embellisher of female beauty its only quality: it is that radiant zone, or magic ceftus, which, as a shield, will encircle and protect them. Hear the teftimony of the divine Milton, in his own words, a converfation between two brothers, in fearch after a fifter lost in the woods, urged by one by way of confolation to the other: 'Tis Chaftity, my brother, chastity: She that has that, is clad in complete fteel; And, like a quiver'd nymph, with arrows keen, 333 May trace huge forefts, and unharbour'd Infamous hills, and fandy perilous wilds; She may pafs on, with unblanch'd majesty "Hear alfo the confeffion of a professed libertine (the laft Lord Lyttelton]: A 'chafte, a virtuous woman, is an awful cha'racter; something preternatural seems to 'furround her, and shroud her from the profane approach of feduction.' On the conduct of Henry's fon and fucceffor we find the following acute reflections: "Henry V. prefents to us a character but feldom found, namely, a libertine reclaimed; as fuch examples are rare, they are more remarkable. It should feem too, that Henry's intemperances were of that species, above all others, the most destructive to the health of the body, and most unfriendly to the cultivation of the mind; and, perhaps, an example of more virtuous refolution can hardly be difplayed than he who has conquered a habit of drunkennefs: that Henry was guilty of this vice appears too evident, from the company he kept, the frolicks he committed with his companions, and the place where they affociated, to admit of a doubt; but that he conquered this habit appears alfo equally evident, fince his character, afterwards, is of a prince, 'chafte, temperate, moderate, devout.' As this vicious propenfity has fo many fatal confequences, it may not be amifs to fay fomething on this fubject, which cannot be better expreffed than in the words of a judicious writer †, which we have the liberty to transcribe. 'Drunkenness is either actual or habitual; just as it is one thing to be drunk, and another to be a drunkard. What we fhall deliver upon the subject must principally be understood of a babit of intemperance; although part of the guilt and danger defcribed may be applicable to cafual exceffes, and all of it, in a certain degree, forasmuch as every habit is only a repetition of fingle inftances.-The mifchief of drunkenness, from which we are to compute the guilt of it, confifts in the following bad effects: 1. It betrays most constitutions either into extravagances of anger, or fins of lewdness. 2. It difqualifies men for the duties of their ftation, both by the temporary diforder of their faculties, and, at length, by a conftant incapacity and ftupefaction. Blue Boar, Eaftcap. To thefe confequences of drunkennefs must be added the peculiar danger and mifchief of the example. Drunkeuneís is a focial festive vice; apt, beyond any vice I can mention, to draw in others by the example. The free-drinker collects his circle; the circle naturally spreads; of those who are drawn within it, many become the corrupters, and centres of parties and circles of their own; every one countenancing, and perhaps emulating, the reft, till a whole neighbourhood be infected, from the contagion of a fingle example. This account is confirmed by what we often obferve of drunkennefs, that it is a local vice, found to prevail in certain countries, certain diftricts of a country, or in particular towns, without any reafon being given for the fashion, but that it had been introduced by fome popular examples. With this reflection upon the fpreading quality of drunkennefs let us connect a remark which belongs to the feveral evil effects above recited. The confequences of a vice, like the fymptoms of a difeafe, though they be all enumerated in the description, feldom all meet in the fame fubject. In this instance under confideration, the age and temperature of one drunkard may have little to fear from inflammations of luft or anger; the fortune of a fecond may not be injured by the expence; a third may have no family to be difquicted by his irregularities; and a fourth may poffefs a conftitution fortified against the poison of ftrong liquors. But if, as we always ought to do, we comprehend, within the confequences of our conduct, the mifchief and tendency of the example, the above circumstances, however fortunate to the individual, will be found to vary the gult of his intemperance lefs probably than he fuppofes. Although the waste of time and money may be of fmall importance to you, it may be of the utmost to some one or other whom your fociety corrupts. Repeated, or longcontinued exceflies, which hurt not your health, may be fatal to your companion. Although you have neither wife, child, nor parent, to lament your abfence from home, or expect your return to it with terror; other families, whofe husbands and fathers have been invited to fhare in your ebriety, or encouraged to imitate it, may juftly lay their mifery or ruin at your door. This will hold good, whether the perfon feduced be feduced immediately by you, or the vice be propagated from you to him, through feveral intermediate examples. A moralift muft affemble all thefe confiderations to judge truly of a vice which ufually meets with milder names and more indulgence than it de ferves......I omit thofe outrages upon one another, and upon the peace and fafety of the neighbourhood in which drunken revels often end; and alfo thofe deleterious and maniacal effects which ftrong liquors pro duce upon particular conftitutions: because, in general propofitions concerning drunkennefs, no confequences fhould be included but what are conftant enough to be generally expected. The appetite for intoxicating liquors appears to me to be almost always acquired. One proof of which is, that it is apt to return only at particular times; as, after dinner, in the evening, or the market-day, at the mar ket-town, in fuch a company, at fuch a tavern. And this may be the reafon, that if a habit of drunkennefs be ever overcome, it is upon fome change of place, fituation, company, or profeffion. A man funk deep in a habit of drunkenness will, upon fuch occafions as thefe, when he finds himself loofened from the affociations which held him fast, fometimes make a plunge and get out. In a matter of fuch great importance, it is well worth while, where it is tolerably convenient, to change our habitation and fociety, for the fake of the experiment. 'Habits of drunkenness commonly take their rife either from a fondness for, and connection with, fome company or fome companion already addicted to this practice; which affords an almost irresistible invitation to take a fhare in the indulgencies which thofe about us are enjoying with fo much apparent relish and delight; or want of regular employment, which is fure to let in many fuperfluous cravings and customs, and this among the reft; or, laftly, from grief or fatigue, both which strongly folicit that relief which inebriating liquors adminifter for the prefent, and furnifh a fpecious excufe for complying with the inclination. But the habit, when once fet in, is continued by different motives from thofe to which it owes its origin. Perfons addicted to exceffive drinking fuffer in the intervals of fobriety, and near the return of their accustomed indulgence, a faintnefs and oppreffion circa praecordia, which it exceeds the ordinary patience of human nature to endure. This is ufually relieved, for a short time, by a repetition of the fame excefs; and to this relief, as to the relief of any long-continued pain, they who have once experienced it are urged almoft beyond the power of refiftance. This is not all: as the liquor lofes its fimulus, the dofe must be increased to reach the fame pitch of elevation, or eafe; which increafe proportionably accelerates the progress of all the maladies which drunkennefs brings on.→→ Whoever reflects on the violence of the craving, in the advanced stages of the habit, and the fatal termination to which the gratification of it leads, will, the moment he perceives the leaft tendency in himfelf of a growing Review of New Publications. growing inclination to intemperance, collect his refolution to this point; or what, perhaps, he will find his beft fecurity, arm himfelf with fome peremptory rule, as to the times and quantities of his indulgences. I own myself a friend to the laying-down rules to ourselves of this fort, and rigidly abiding by them. They may be exclaimed against as ftiff; but they are often falutary. Indefinite refolutions of abftemiousness are apt to yield to extraordinary occafions; and extraordinary occafions to occur perpetually. Whereas, the ftricter the rule is, the more tenacious we grow of it; and many a man will abftain, rather than break a rule, who would not be easily brought to exercife the fame mortification from higher motives;not to mention, that when our rule is once known, we are provided with an answer to every importunity. 'There is a difference, no doubt, between convivial intemperance and that folitary fottishness which waits neither for company nor invitation. But the one, I am afraid, commonly ends in the other; and this laft is the bafeft degradation to which the faculties and dignity of human nature can be reduced.' We have not, at prefent, room to enter into the Hiftorical Notes; but may perhaps extract fome of them at a future opportunity. By 10. Emmeline, the Orphan of the Cafile. Charlotte Smith. In Four Volumes, 12mo. NOT having time in the prefent month to enter into a critique on the Orphan of the Castle," we shall content ourselves with tranfcribing from it fome fpecimens of Mrs. Smith's poetry. The exquifite fonnets of this "pathetic poetefs" have been already noticed in our vel. LVI. p. 333. That which follows will not detract from her fair fame. Far on the fands, the low, retiring tide, In diftant murmurs hardly feems to flow, And o'er the world of waters, blue and wide, The fighing fummer wind forgets to blow. As finks the day-ftar in the rofy West, The filent wave with rich reflection glows; Alas! can tranquil Nature give me rest, Or fcenes of beauty foothe me to repose ? Can the foft luftre of the fleeping main, Yon radiant heaven, or all creation's charms, "Erafe the written troubles of the brain," Which Memory tortures, and which guilt aOr bid a bofom tranfient quiet prove, [larms? That bleeds with vain remorfe and unextinguifh'd love? And this is ftill more beautiful: I love thee, mournful, fober-fuited Night, When the faint moon, yet lingering in her [light And veil'd in clouds, with pale uncertain Hangs o'er the waters of the reftleis main. wane 335 In deep depreffion funk, the enfeebled mind May reach-tho' loft on earth-the ear of But what must be the feelings of a mind which could dictate this ODE TO DESPAIRI Ah! hide for ever from my fight Corrofives for the heart-of fatal power! Which feels the curfe-of meriting its pain. 1 Thou ftrik'ft the guilty unrepentant heart! which contains his "general obfer "vations." "The reputation of Littleton's Treatise on "Gravina, while he mentions his endowments, both natural and acquired, with admiration, cenfures his abuse of other judicial writers with great feverity. "Cujus alfo was fuppofed to alluce to him in a paffage of his works, where having occafion to mention the writers who find fault with the difpofition and arrangement of the civil law, he fays, "quam illi funt imperitiffimi! nam neque quid ars fit fciunt; neque artem digeftorum aut principia certa juris ulla perceperunt unquam; fuaves tamen ad ridendi materiam." "But Hottoman's general difpofition to abuse is not the only circumstance by which bis virulent cenfure of Littleton may be accounted for. Full of the doctrines of the feudal laws of his own country, he might expect to find doctrines of a fimilar nature in Littleton, without adverting that the greatest part of Littleton's work treats of the fubordinate and practical part of the laws of England. which, like that of every other country, is in a great degree peculiar to itfelf, and bears but a remote analogy to those of other countries. It is allowed, that the feudal polity of the different countries of Europe is derived from the fame origin; that there is a marked fimilitude in their principal inftitutions; and a fingular uniformity in the hiftory of their rife, perfection, decline, and fall. But the more we go from a general view of their conftitutions and governments, to their particular laws and cuftoms, the lefs this fimilitude and uniformity are difcoverable. Thus the hiftory of every country, where the feudal laws have prevailed, while it prefents us, on the one hand, with an account of the many restraints imposed by them upon alienation, and of the many methods which have been taken to make property unalienable, prefents us, on the other, with an account of the different arts which have been ufed to elude thofe reftraints, and to make property free. This is as obfervable in the law of England, as it is in the law of any other country. "But the mode by which it has been effected in England is peculiar to England. In other countries, where a liberty of alienation has been introduced, it has rested on a kind of compromife with the lord, by paying him a certain fine; and a kind of compromifè ing them a right of redemption, commonly with the relations of the feudatory, by allow called the "jus retractus." But the steps by tained ground in England are very different. which a free alienation of property has obing focage and military land was foon allowIn England an unlimited freedom of alienat ed; the practice of fub-infeudation was foon abolished; the alienation of lands was refees, and afterwards by the introduction of ftrained by the introduction of conditional lifhment, were greatly difcountenanced by eftates tail. Entails, from their first estabthe courts of justice; and they were eluded by the doctrines of difcontinuance and warranty. In the course of time, a fine was made a bar to the claims of the iffue in tail, and a common recovery to the claims both of the iffue and of thofe in remainder and repeculiar to the Hiftory of England: hence verfion. Most of thefe circumftances are the foreign feudifts, with an expectation of an English reader, who opens the writings of finding there fomething applicable to the practical parts of the law of his own country, refpecting the alienation of landed property, will be greatly difappointed. He will find the most pofitive prohibition of aliening the fee without the confent of the lord: he will find very nice and fubtle difquifitions of what amounts to an alienation: he will find that, in fome countries, the lord's confent right, which the tenant may claim on renftill continues a favour; that in others it is a dering a certain fine. the works of foreign feudifts filled with acIn fhort, he will find rachat," the "retraite lignager," and the counts of the "jus retractus," or "droit de hardly find the words, or any thing equiva"droit des lods et des ventes;" but he will lent to the words, conditional fee, eftate tail, difcontinuance, warranty, fine, or recovery, in the fenfe in which we use them. trine of conditions. According to the strict "The fame may be observed on the docprinciples of the feudal law, no conditions could be annexed to a fief, except the implied conditions to which every fief was subject, from the obligation of fervice on the part of the tenant, and the obligation of protection on the part of the lord. Every fief to which any exprefs or conventionary condicumftance, ranked among improper fiefs. tion was annexed, was, from that very cir But fiefs in England were at all times fufceptible of every kind of condition. vations through the fubiequent chapters of "It would be easy to pursue these obferLittleton's Freatife. Even if we confider the fubject on a more extenfive feale, we fhall lith law, which muft necellarily occafion a find fome circumftances peculiar to the Eng the conftitution and forms of the government very effential and marked difference between of England and the conftitution and forms of the Review of New Publication the government of other countries. Such are the univerfal converfion of allodial lands into fiefs; the total abolition of fub-infeudation; the freedom of alienation of eftates in feefimple; and the limited and dependent fituation of our nobility, when contrafted with the Situation of the high nobility of foreign countries: all these are peculiar, in a great meafare, to our laws. It follows, that our writers must be filent on many of the topicks which fill the immenfe volumes of foreign feudifts and they, from the fame circumstance, must be equally filent on many of the fubjects which are difcuffed by our writers. That this is fo, will appear to every perfon converfant with the ancient writers on our laws, who will give a curfory look at the writers on the feudal laws of other countries. Nothing, in this respect, can be more different than those parts of the writings of Bracton, Britton, Fleta, Littleton, Sir Edward Coke, and Sir William Blackstone, which treat of landed property, and the books of the fiefs, Cujas's Commentary upon them, the various treatifes on feudal matters collected in the 10th and 11th volumes of the "Tractatus Tractatuum," Du Moulins's "Commentarii in priores Tres Titulos Confuetudinis Parifienfis," or the more modern treatises of Monfieur Germaine Antoine Guyot, and Monfieur Hervé. "Thefe obfervations are offered with a view to account for the contemptuous manner in which the two foreign writers, cited above, speak of Littleton. They may alfo account, in fome measure, for a circumftance which has been a matter of fome furprife, the total filence of Sir Edward Coke on the general doctrine of fiefs. It is obvious how extremely defirous his Lordship is, upon every occafion, to give the reasons of the doctrines laid down by him; and what forced, and fometimes even puerile, reafons, he affigns for them: yet though so much of our law is fuppofed to depend upon feudal principles, he never once mentions the feudal law. 'I do marvel many times,' fays Sir Henry Spelman, 'that my Lord Coke, adorning our law with fo many flowers of antiquity and foreign learning, hath not (as I fuppofe) turned afide into this field, i. e. feudal learning, from whence fo many roots of our law have, of old, been taken and transplanted. I with fome Worthy would read them diligently, and fhew the feveral heads from whence those of ours are taken. They beyond the feas are not only diligent, but very curious in this kind; but we are all for profit and "lucrando pane," taking what we find at market, without enquiring whence it came.' But this complaint is open to obfervation. "There is no doubt but our laws refpecting landed property are fufceptible of great illustration from a recurrence to the general GENT. MAC. April, 1788. 337 hiftory and principles of the feudal law. This is evident from the writings of Lord Chief Baron Gilbert, particularly his treatise of Tenures, in which he has very fuccefsfully explained, by feudal principles, feveral of the leading points of the doctrines laid down in the works of Littleton and Sir Edward Coke, and fhewn the real grounds of feveral of their diftinétions, which otherwife appear to be merely arbitrary. By this he has reduced them to a degree of system, of which, till then, they did not appear fufceptible. His treatife, therefore, cannot be too much recommended to every perfon who withes to make himself a complete master of the extenfive and various learning contained in the works of those writers. The fame may be faid of the writings of Sir William Blackftone. Much useful information may be derived alfo from other writers on thefe subjects. "But the reader, whofe aim is to qualify himself for the practice of his profeffion, cannot be advised to extend his researches upon thofe fubjects very far. The points of feudal learning, which ferve to explain or illuftrate the jurifprudence of England, are few in number, and may be found in the authors we have mentioned. "It is not impoffible but further enquiries might lead to other interefting difcoveries. But the knowledge abfolutely necessary for every person to poffefs, who is to practise the law with credit to himself, and advantage to his clients, is of so very abftruse a nature, and comprehends fuch a variety of different matters, that the utmost time which the compass of a life allows for the ftudy is not more than fufficient for the acquifition of that branch of knowledge oniy; ftill lefs will it allow him to enter upon the immenfe field of foreign feudality. It were greatly to be wished that fome gentleman, pofleffed of fufficient time, talents, and affiduity, would dedicate them to this ftudy. Those who have read the late Dr. Gilbert Stuart's "View of Society in Europe, in its Progrefs from Rudeness to Refinement," will lament that he did not purfce his enquiries on this fubject. From fuch a writer a work on this fubject might be expected, at once entertaining, interefting, and inftructive; but fuch a work is not to be expected from a practifing lawyer. Whatever may be the eneries of his mind, his industry, his application, and activity, he will foon feel, that, to gain an accurate and extenfive knowledge of the law, as it is practifed in our courts of justice, requires thent all. Thus, on the one hand, the student will find an advantage in fome degree of research into feudal learning; on the other, he will feel it neceff. rv to bound his refearches, and to leave, before he has made any great progrefs in them, the Book of Fiets, and its commentators, for Littleton's tenures and Sir Edward Coke's Commentary." (lo de cont nued) 62. The |