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Precedents of Leases, which they have been favoured with by a gen
tleman of high reputation as a conveyancer, whose name they would
have been proud to have had permission to mention.'

Art. 19. A Succinct View of the Law of Mortgages; with an Ap-
pendix, containing a Variety of Scientific Precedents of Mortgages.
By Edward Coke Wilmot, of Gray's Inn. 8vo. pp. 220. 55.
Boards. Clarke and Son. 1798.

When Mr. Wilmot conceived that a Succinct View of the Law
of Mortgages would be an useful work to the profession, he appears
to have forgotten that Mr. Powell had already furnished the public
The pre-
with an able and distinct treatise on the same subject.
sent performance is too short, and omits the discussion of too many
material points connected with so important a topic of the law, to
admit of its proving extensively useful. In his preface, Mr. W. de-
nominates it a juvenile production: it would have been difficult for
him to have used a more appropriate epithet :-but it would not be
amiss if these juvenile writers would sometimes consider that their
readers may
be of maturer years.

Art. 20.

A Digest of the Law of Actions and Trials at Nisi Prius. By Isaac 'Espinasse, of Gray's Inn, Esq. Barrister at Law. The Third Edition, corrected, with considerable Additions from Printed and Manuscript Cases. In Two Volumes, Royal 8vo. pp. 870. 18s. Boards. Butterworth. 1798.

Mr. 'Espinasse has introduced into the present edition, and has arranged under their proper heads, the cases inserted in Mr. Peake's excellent Reports, as well as those contained in his own Nisi Prius Cases; and he appears to have done every thing in his power to render his book useful to the profession.-With this single observation we should have dismissed the article, had we not remarked, in Mr. 'E.'s preface, an unseemly and unprovoked attack on the character of that eminent judge Sir Francis Buller, in which he arraigns him as the author of the "Introduction to the Law relative to Trials at Nisi Prius," and censures him for defects which Mr. 'E. more than intimates are not to be found in his production. We will not institute a comparison between the two works, and Mr. 'E. may thank us for abstaining from the measure: but he should recollect with gratitude how much his labours were facilitated by the exertions of his predecessor; and he should consider with coolness and impartiality, rather than with the self-sufficiency by which his introduction is dictated, the inferior merit of improving on an original, compared with that of collecting, arranging, and methodizing such disjointed materials as those from which the learned Judge composed his volume.-Mr. 'E. acquaints his readers with the advantages which he derived from an university education; we are sorry that we cannot enlarge this catalogue, and give him credit for the practice of writing even with distinctness and perspicuity. It has frequently fallen to our lot to peruse what has almost made us regret our occupation: but the preface of the present author deserves as severe reprehension as we can bestow, for the inflated and unintelligible style in which it is written, for the arrogance

Hh

with

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S.R.

with which the author censures the performances of others, and the
complacency, not to say presumption, with which he praises his own.
efforts.
Art. 21.

S.R. A Collection of Decrees by the Court of Exchequer in Tithe Causes, from the Usurpation to the present Time. Carefully extracted from the Books of Decrees and Orders of the Court of Exchequer, (by the Permission of the Court,) and arranged in chronological Order. With Tables of the Names of the Cases, and the Contents. By Hutton Wood, One of the Six Clerks of the Court of Exchequer. In 4 Vols. Vol. I. Royal 8vo. pp. 620. 155. Boards. Robinsons. 1798.

It is certainly a matter of importance, not only to the profession of the law, but also to the clergy, and to every man possessed of landed property in the kingdom, that there should be an ample and accurate collection of the decrees which have from time to time been made in tithe causes; yet, desirable as such a work must be allowed to be, there have hitherto been fewer reports published on this subject than on any other equally important branch of English jurisprudence. In some measure to supply this deficiency, Mr. Wood has compiled the present performance. We are informed in his preface that the several cases will contain the substance of the plaintiff's bill and the defendant's answer, together with the material allegations of those subsequent pleadings which the respective parties thought it necessary to exhibit to the court: to which will be added the judgment of the court, and the reasons occasionally given for such judgment, as pronounced by the barons on the whole case thus brought before them, and entered in the book of decrees and orders by the officers belonging to the court.'

The present volume (the second is just advertized) reaches from the time of the Usurpation to the end of Queen Anne's reign; when the whole work is completed, we shall present our readers with a detailed account of its contents; at present, we satisfy ourselves with announcing the publication.

Art. 22.
The Study and the Practice of the Law considered in their
various Relations to Society. In a Series of Letters. By a Mem-
ber of Lincoln's Inn. 8vo. pp. 450. 6s. Boards. Cadell jun.
and Davies. 1798.

We have read these letters with that satisfaction which invariably accompanies the perusal of those works which recommend the cultivation and practice of what is excellent and respectable in life. The author of this performance is entitled, however, to additional praise beyond that which belongs to virtuous intentions and irreproachable sentiments for his composition shews an elegant and refined taste, and an intimate acquaintance with the purest models of English style. We cannot, at the same time, agree with him that these letters are particularly calculated to benefit the students of law; the subjects. discussed in them being, with very few exceptions, of too general a nature to confine their utility to any one profession: but they may with nearly equal advantage be studied by the members of every profession, and by all descriptions of young men, whatever may be their destiLation in life.

A letter

S.R.

A letter is set apart for the consideration of Facundity; by which term, we imagine, the author proposes to convey the idea of eloquence, or perhaps fluency in speech. We are aware that the words Facundia and Facunditas, in the Latin language, as expressing the former quality, are correct and classical: but we have been unable to discover the adoption of the word by any English writer. Neither is it to be found as a substantive in Johnson's Dictionary; though the epithet facund, from facundus, is introduced in the sense of cloquent-without, however, any authority to support it.

We agree with the author that these letters will not be found useless in the libraries of those who have yet to fix the destination of their children in life, and the perusal of them will probably be extended beyond the circle of professional readers. They are addressed,' he adds, to the young and rising mind;' and to them we recommend, with confidence, a serious attention to instructions which have the amelioration of the heart and the improvement of the understanding for their principal objects.

S.R. Art. 23. The Practice of the Court of King's Bench in Personal Ations. Part I. By William Tidd, Esq. of the Inner Temple. The Second Edition, corrected and enlarged. 8vo. pp. 410. 6s. Boards. Butterworth. 1798.

Of the first edition of this very useful work, we gave an account in our viith vol. N. S. p. 347. and in our xvth vol. p. 469; and we have been pleased in having it in our power to observe that the favourable sentiments which we there expressed have been sanctioned by the public approbation. We have also frequently heard it cited by our judges in court in terms of high praise; which alone is a sufficient inducement with us to make our readers acquainted with the alterations in the present edition as stated in the author's preface:

The mode of proceeding by bill in trespass, if not the most an cient, being that which is most commonly used, is here treated of, as well as the proceedings by bill against prisoners, and attornies, before the mode of proceeding by original writ. All the cases that

have been determined on the subject, since the publication of the former edition, are incorporated in the present; and several material alterations and additions have been made; particularly in the chapters which treat of actions, and declarations; of the doctrine of arrest; and of the attornies, and other officers of the court.'

RELIGIOUS and POLEMICAL.

Art. 24. Reflections on [concerning] the Clergy of the Established Church. 8vo. pp. 64. Is. 6d. Cadell jun. and Davies.

"should cen

If it be in ethics, as in literature, that those only sure freely who, themselves, excel," many useful observations, either of advice or reproof, might in strict propriety be withholden from the public. The author of the pamphlet before us laments that he is not himself the most upright Christian (p. 18,) and utterly disavows being a Methodist (p. 41): but he shews, in this well-intentioned publication, a clear and liberal conception of his subject, and a sincere wish that the clergy, in their several degrees, should fulfil

S.R.

the

the ends of their divine as well as of their political institution. These reflections concern the importance and policy of such a body as the clergy in England, particularly dignified individuals, largely beneficed and unofficiating, who are censured with a temperate but just reprehension. Of the clergy who reside on their benefices, he is the advocate; and he defends the original right of tythes, and their general conduct in the modes of collecting them.

It is worthy of remark, that tythes, the whole odium of which most commonly rests on the Clergy, are principally possessed by the laity. The revenues of the church, from this circumstance, it is true, derive their best strength--yet it seems hardly equitable, even allowing that tythes are, indeed, of unjust and oppressive principle, that the Clergy alone should suffer under an imputation, a very small share of which really applies to them.'

The laborious and necessitous curates, as a body more actually useful than their more fortunate brethren, are considered with commiseration; the causes of their being held in less esteem are candidly examined; and several cautions are proposed to them, which may tend to increase their personal respectability. We will extract one of these necessary hints, in proof of the sound judgment of the writer, as well as a specimen of the style of his pamphlet.

Reflections, respecting this clas of the Clergy incurring debt, may seem extraneous to the subject; but nothing is so that may suggest to them cautions, enabling them better to maintain their respectability, and better to fulfil their important engagements. Debt, which is often a personal misfortune, solely, in ordinary persons, is a general offence in a clergyman: many more will readily discover that he is poor, than that he is wise; and poverty is not the most favorable medium through which to convey instruction.

There are always a few vulgar minds in a parish who would willingly make poverty a crime in the parson, and ridicule in him what they would pity in his neighbour. Thus circumstanced, he loses much of the means of doing good, and necessarily becomes deficient in that external respectability which is, in some measure, essential to his very office. Every one, then, who duly considered this, would avoid, at whatever inconvenience, if not for his own, for the good of his parish, the unnecessary accumulation of debt. There are, however, thoughtless manners carried from the university to the country village, which are the fruitful parents of a crowd of evils; and which, by undermining clerical authority, destroy the strongest sanctions of personal instruction.

Possessed of little private fortune, it is not surprising that the laborious part of the Clergy should, sometimes, incur debts they cannot discharge; but, since so very much depends on their maintaining a fair character, it might be expected that prudence would not be unknown among them as it is. There is no class of people whose debts ought to claim more pity; but there is no class of people whose debts do such extensive mischief. They cut up au thority, they destroy confidence, and are always the triumph of the scornful.'

The

The clergy collectively will doubtless acknowlege the good intention of this "Concio ad Clerum," though unprofessionally given by a layman.

Art. 25. Calmet's Dictionary of the Bible, &c. &c. (See our account of the former parts of this work, M. R. vol. xxiii. N. S. p. 392.) Parts III. IV. V. VI. and VII. 4to. 5s. each. Taylor, Hatton Garden.

As we have so lately expressed our approbation of the design and execution of this work, in our account of the first and second numbers, it may suffice now to observe that we are confirmed in our opinion by the perusal of this continuation of it by the present learned editors. On this occasion, it seems unnecessary for us to make any farther extract; although we may in all probability be tempted, in the course of the publication, to lay some additional specimens of so able and useful a performance before our readers. Art. 26. Considerations addressed to the Clergy, on the Propriety of their bearing Arms, and appearing in a Military Capacity. By a Country Incumbent. 8vo. IS. Bath printed, and sold in London by Rivingtons, &c. 1798.

This writer, with becoming zeal, and in a gentlemanly style, expresses his disapprobation of the intermixture of the ecclesiastic and military characters; and he shews, from both Scripture and reason, that they are incompatible in the same person. Should it be asked, "Are the clergy to do nothing towards the defence and of Government? Are they to be inactive when their country is port in danger?" His answer is, that, under such circumstances, they are bound to act, and to act with vigour; but they are still to act

sup

officially and he shews wherein the proper duties of a Christian

minister, in such emergency, consist:- not by following the hostile banner,-and unsheathing the sword of the warrior.'

In a Postscript, he adds, When these considerations were prepared for the press the public papers announced that the right reverend the bishops had signified that they judged it improper for clergymen to enroll themselves in volunteer corps, or to accept of a military commission.' Their lordships, he thinks, deserve the thanks of every friend of the church of England, for declaring, so seasonably, their disapprobation of a measure which, it was to be feared, might, in some districts, have become too prevalent; and would certainly have operated to the general prejudice of Christianity.'

Art. 27. Arguments illustrative of the Ground and Credibility of the Christian Religion. 8vo. pp. 48. Is. 6d. Dilly. 1798. This pamphlet contains a short sketch of the argument in confirmation of the truth of natural and revealed religion, which is exhibited in a chain of distinct propositions, somewhat in the manner of Hartley, in his second volume, but not with his perspicuity and regular gradation of proof. Such publications are well intended; and it is natural, in times like these, for the true believer to bear his testimony: but he should consider that mere abstracts and skeletons

of

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