ARTICLE 2.

A treatise on the Statute of Frauds, as it regards declarations in trust, contracts, surrenders, conveyances, and the execution and proof of Wills and Codicils. To which is prefixed a systematick dissertation upon the admissibility of parol and extrinsick evidence to explain and control written instruments. By William Roberts, of Lincoln's Inn, author of a treatise on Fraudulent Conveyances. New-York, printed by J. Riley & Co. and for sale by Brisban and Brannan, City Hotel, 1807. 8vo. pp. 540

THE Statute against Frauds and Perjuries, enacted in the twenty-ninth year of the reign of king Charles the second, has been productive of infinite litigation, and an endless train of decisions, seemingly contradictory, or, at most, depending on distinctions extremely subtle and refined. It seems at present,

that, had this statute received a literal construction from its first existence to the present day, these difficulties would have been avoided. But, soon after it came into operation, a great question arose, whether it should be construed strictly or liberally, and Lord Mansfield always appeared solicitous, that it should receive a liberal construction in all its provisions. His Lordship had a contempt for this statute, from the consideration that it had been inartificially framed. In the case of Wyndham v. Chetwynd, he observed this statute was not, as had been generally supposed, drawn by Lord Hale, any further than by leaving some loose notes, which were afterwards unskilfully digested. We can hardly conceive, that his Lordship would draw rules for construction from a source like this, since a statute is either the act of the legislature, or it is nothing; and, as the act of the legislature, no rules of construction can be drawn from a recurrent consideration of the talents of the individual, employed to prepare materials for the formation of a statute. Different Judges may have different opinions of the talents of an individual employed for this purpose, and the evident absurdity, which would ensue from such a rule of construction, almost convinces us, that his Lordship had some other object in the observation, although what it was we are utterly unable to conceive.

Throughout Lord Mansfield's judicial career, the Statute of Frauds was generally construed with the greatest liberality, and frequently bent to the peculiar circumstances of a case.

The client embarked amidst the glorious uncertainty of the law, encouraged by his counsel, and buoyed up by the hope of some happy distinction, which might give a favourable issue to his cause.

This statute is at present in greater favour. Lord Camden has expressly dissented from Lord Mansfield. Lord Kenyon has said it was of the greatest importance to preserve unimpaired the several provisions of the Statute of Frauds, which was one of the wisest laws in the statute book. In fact, it has been the opinion of almost all eminent Judges, since Lord Mansfield's time, that a literal interpretation should be given. to the provisions of this statute. As his Lordship's opinion on this subject has gone out of fashion, so some of his decisions have been overruled.

On this statute, under these circumstances, Mr. Roberts has composed the present treatise, which, he declares in his dedication, aspires to something above the rank of a mere compilation of cases. He has certainly, with much labour, collected that mass of cases which have been accumulated, since this statute was enacted; and he has arranged them with such skill and judgment, that the law, which, from the multitude of decisions on each point, was not discovered without much labour and research, is, by this arrangement, rendered unquestionably clear and familiar. The labour of the student is diminished, and, instead of pursuing his inquiry through a labyrinth of cases, many of which have become obsolete by subsequent decisions, he is conducted immediately to the object of his research.

In this volume, Mr. Roberts has considered those branches of the statute, which seem more nearly connected by their subject matter, and has neglected the order, in which the several sections are arranged in the statute book, reserving the remaining branches for a future treatise, which he has already promised to the publick. The first chapter, in this volume, contains the observations on the admissibility of parol and extrinsick evidence to explain written instruments. We are sorry, that, in this dissertation, much praise is not due to Mr. Roberts. We are not of the opinion of its author, that it is altogether systematick. This is an intricate question, how far parol and extrinsick evidence shall explain and control a written instrument. The distinction between latent and patent ambiguities is extremely refined, and the decisions, which are not

few on this head, require a cool and orderly arrangement. Mr. Roberts has, in this chapter, affected a style, turgid, pompous, and absurd. In his definitions of latent and patent ambiguities, where his endeavour should have been to appear as simple and perspicuous as possible, he has so wrapped up his meaning in high-flown words and extravagant expressions, that, instead of explaining ambiguities, he has rendered them more ambiguous *Three important leading cases, particularly noticed by all late writers on this subject, with the exception of one, which he has slightly mentioned, Mr. Roberts has altogether neglected. Notwithstanding these remarks, if the reader will bear with his infirmities, he may read this dissertation with no inconsiderable advantage.

than ever.

The second chapter regards sections 7, 8, 9, of the statute, respecting declarations of trusts. This chapter is short and satisfactory; it contains all the law on this subject, well digested and arranged: and we take the earliest opportunity to compliment Mr. Roberts on the material alteration in his style, . which is visible in this, and, with few exceptions, in the following chapters.

The most important part of this work is the third chapter, including sections 4, 17, on contracts. Here the greatest credit belongs to Mr. Roberts for his indefatigable industry and pertinent observations. This title of contracts, so far as connected with, and controlled by the Statute of Frauds, has become one of the most intricate subjects in the law. Chapter fourth contains the decisions on sections 1, 2, 3, relating to parol demises, surrenders, and conveyances of lands, together with many useful and pertinent remarks from Mr. Roberts. The fifth and last division of this work includes sections 5, 6, 19, 20, 21, 22, 23, affecting the execution and revocation of wills. This chapter, which is very full and explicit on these subjects, does honour to the author, and will be of much practical utility to the profession. Much however, on these heads, has already come before the publick in the late publications by Mr. Roper.

We now turn, with great reluctance, to the manner and form, in which Mr. Roberts has conveyed this truly useful dissertation to the publick. In the third and fifth chapters, on contracts and wills, which are by far the most useful parts of this publication, his language, with some few exceptions, is

*Rex v. Inhab. of Laindon. 8. T. R. 379. Rex v. Inhab. of Scammonden. 3. T. R. 474. Doe ex. dem. Freeland v. Burt. 1. T. R. 701.

sufficiently modest and correct. But in the first chapter, on the admissibility of parol evidence, which is more in the shape of a dissertation, than those parts of the work, where his chief concern is to compile and collate decisions, his style is too ridiculous to pass unnoticed. In this chapter, there is an opportunity for Mr. Roberts to manage matters in his own way, and he does so with such wonderful effect, that we are at a loss, whether to believe him in earnest or in jest. Indeed, when he delivers the sentiments and opinions of others, he seems to think himself restricted, and we have no fault to find with him; but, when he comes to talk on his own proper risque and account, his words are ill adapted to his subject, sometimes utterly misapplied, and very frequently have not a legal existence in the English vocabulary. Personality for personalty, equivocality, delitescent, contradictoriness, integrality, and numberless others, made for the purposes of this special occasion, are easily found in any part of this work.

As to the punctuation, it is erroneous from beginning to end, and the periods, colons, semicolons, and commas seem to be sprinkled over these sheets, as promiscuously as comfits over a wedding cake. But as, according to the maxim of the law, every man is presumed to be innocent, until he is proved to be guilty, we shall select some passages, as usual.

"An ambiguity is properly latent in the sense of the law, when the equivocality of expression, or obscurity of intention, does not arise from the words themselves, but from the ambiguous or delitescent state of extrinsick circumstances to which the words of the instrument refer, and which is susceptible of explanation by the mere development of extraneous facts," &c.

We would do Mr. Roberts the justice to remark, that he has the following note on this paragraph.

"If I have not the good fortune to be intelligible, I refer the reader to Lord Bacon's maxims, 99, and Sir Thomas Raymond's Reports, 411." Page 14.

"The truth will be found upon consideration to be, that the state of facts raises the latent ambiguity, and may also dissolve it; but the patent ambiguity resides in the amphibology of language, the vagueness of description, and vacuity of expression." Page 20.

Enough is as good as a feast, and we shall quote no more. In fine, notwithstanding these defects in style and language, this work is one of the most valuable acquisitions to the Bibliotheca Legum, which has appeared for many years. The Sta

tute of Frauds sweeps over a large circle of practical law. It has been in operation one hundred and twenty years, and the Reports are filled with decisions on all its branches. These decisions have intermingled; the distinctions, on which they are predicated, are not easily perceived; and the cases themselves are not to be found, without infinite labour and research. Mr. Roberts has collected the cases, arranged them in their proper order, and interspersed them with very useful observations.

We look forward with much pleasure to the treatise on the remaining branches of the statute, hoping that, by the time it shall appear, Mr. Roberts will have stripped himself of "all amphibology of language, vagueness of description, and vacuity of expression."

This volume is neatly and, with few exceptions, correctly printed.

ARTICLE 3.

The Yankey in London, being the first part of a series of letters written by an American youth during nine months residence in the city of London; addressed to his friends in and near Boston, Massachusetts, vol. 1. pp. 180. 12mo. New York, Isaac Riley.

THE title page of this work is further illustrated by a motto from Thucydides, which, to save the printers some trouble, we have not copied. Its congruity, in a book of this kind, seems a little analogous to that of a sailor in a check shirt, with a powdered head, or a splendid sign on a "ten fect building." The book is divided into the form of letters, of which the last is numbered 45, and between this number and the first of the series five or six are selected at random, as a specimen of the whole, which are to be published if this volume meet with encouragement. We know not how far the author or publisher are satisfied in this respect, but in our opinion it is a very useless addition to the almost innumerable books of travels, which croud the shelves of libraries.

In every thing that can be comprised under the broadest meaning of Statisticks, the English abound with books written with superiour advantages by themselves. All that a stranger can undertake with any profit, and the field is ample enough, is to make observations on national character; and in relation to this country and that, to notice those nice shades of difference, which exist in spite of similarity of language and origin. To