tendency in the nation to convert the military into socage tenures; and the outlines of almost every other point of modern jurisprudence. Thus, his writings stand between and connect the ancient and modern parts of the law, and, by showing their mutual relations and dependencies, discover the many ways by which they explain, illustrate, and resolve themselves into one another.

Of the foreign writers on law, whose works have fallen under the eye of the Reminiscent, those, who have appeared to him to resemble lord Coke most, and to approach nearest to him in depth of learning and profound thought, are Du Moulin and lord Stair; the latter has the additional merit of arrangement. It is not generally known that the late sir William Pulteney was the editor of "lord Stair's Institutions.”*

It is very remarkable that some English gentlemen, nowise connected with the profession of the law, beguiled their tedious exile at Verdun, by a serious perusal of Coke upon Littleton, and have often spoken of the great mental delight which it afforded them.

After employing eleven years in editing half of the work of which we are now speaking, Mr. Hargrave, its first editor, abandoned it. His annotations exhibit the most profound and extensive learning, and the finest discrimination. In the law of property, and many other

*It should be known, that the author of the Essay on Contingent Remainders being understood to want money, sir William sent him 1007.; lord Thurlow and lord Loughborough did each of them the same, and all did it in the handsomest manner. The munificence of lord Rosslyn to M. de Barrentin, the chancellor of France, during the French emigration, is mentioned in the writer's Historical Memoirs of the English, Irish, and Scottish Catholics.

branches of English jurisprudence, he was eminently learned in the law of dignities, the prerogative of the crown, and the history and principles of the constitution, he scarcely had an equal. His rare acquirements were more than once displayed by him in a manner highly honourable to himself and serviceable to his country. When he retired from the practice of the profession, parliament purchased for the nation his library, upon terms which showed the public sense of his merit.—It is much to be lamented that he did not carry into execution his favourite object-a complete edition of the printed and manuscript works of sir Matthew Hale; an eternal monument of the profound knowledge possessed by that great man of the laws and constitution of this kingdom. They are distinguished by deep and extensive learning, patient investigation, method and perspicuity: his language is always guarded, and he carefully avoids drawing any conclusion which his premises do not fully. warrant. He deserved such an editor as Mr. Hargrave.

On that gentleman's resigning the work, it was committed to the editor, but with a request, amounting almost to a condition, that it should be completed within the four ensuing terms. To a perfect execution of it, an explanation or illustration of every sentence, where these are wanted,-(and sentences of this nature are very numerous,)—would have been necessary. Such a system of minute annotation was incompatible with the shortness of the period allowed to the editor for the execution of his task ;-nor had it been pursued by Mr. Hargrave. The second editor, therefore, adopted that gentleman's plan of extended annotation :-his labours have been most favourably received; but he has never

disguised to himself, that this was much less owing to the merit of his annotations, than to the value and importance of the work, to which they were appended.-One further edition of it, more complete than the former, he yet hopes to give.

IX.

HORE JURIDICE SUBSECIVE.

THE Reminiscent now proceeds to mention his other professional publications :

The first was, "HORE JURIDICE SUBSECIVE, "being "a connected Series of Notes respecting the Geography, Chronology, and Literary History of the principal Codes "and original Documents of the Grecian, Roman, Feudal, "and Canon Law."

The first literary work, which the writer sat down seriously to compose, was a History of the Feudal Law :— a succinct outline of it, completed by him before the year 1772, is now in his possession: it was the groundwork of the long annotation on feuds, inserted by him in his continuation of Mr. Hargrave's edition of Coke upon Littleton, and a large portion of it forms an article in the work, of which he is now speaking. For all the other subjects, he must acknowledge that he was slenderly qualified.

His acquaintance with the civil law was limited to an attentive perusal of the Institutes, both in the original, and in Dr. Harris's excellent translation; and the perusal of such articles in the Digest as relate to the acquisition and transmission of property. He had read some articles in Cujas, Voet, Huber, and Domat, with the great

est satisfaction. Few works have given him more pleasure than the "Antiquitatum Romanarum Syntagma,” of Heineccius, the same author's "Historia Juris Romani "et Germanici," the "Historia Juris Romani," of Brunquellus, and the "Orbis Romanus,” of Spanheim. From the first of these works, the elegant and philosophical view of the Roman law presented by Mr. Gibbon to the readers of his history, is principally extracted.

It has often occurred to the writer, that persons designed for parliament or the bar could not employ the interval between studies merely classical and studies practically useful, better, than in the perusal of the Institutes, and the Syntagma of Heineccius, as a commentary upon them.

The whole of the Liber Feudorum, with the commentary of Cujas, and of Du Moulin's Traité des Fiéfs; some of the Plaidoyers of the chancellor d'Aguesseau, and some, but very small portions of different works of Pothier, he had perused. His reading on public law had been confined to a portion, very small, of Vattel.

Some circumstances have required him to consult frequently and largely the Jus Ecclesiasticum of Van Espen ; the only work, perhaps, which the continent has produced, that can be compared with Mr. Justice Blackstone's commentaries. It presents the same pleasing mixture of historical, philosophical, and practical jurisprudence; it is written with equal perspicuity and method; and, perhaps, with greater practical knowledge of forensic instruments and proceedings.

It is observable that the civilians of antiquity branched into two sects: one, contended for a strict adherence to the letter and forms of the law; the other, recommended a benign interpretation of its text, and great latitude in

the observance of its forms. From the names of their respective leaders, those were called Proculeians, these, Sabinians or Cassians. Something like this difference has long subsisted at the English bar; but the good sense of English lawyers has prevented them from forming themselves into sects. About the year 1770, a bill was brought into the house of commons, for allowing defendants, in almost all cases, to plead the general issue, and give the special matter in evidence; the measure failed: its effect would have been to confine special pleading within very narrow limits it is not a little remarkable that it was favoured by Mr. Wallace, who was a mere special pleader, and opposed by Mr. Dunning, who, like the Reminiscent's friend, Mr. Tidd, was both a special. pleader, and much more.

:

X.

EDITION OF MR. FEARNE'S ESSAY ON CONTINGENT

REMAINDERS.

LONG after this time, the Reminiscent again appeared before the public in the humble character of a legal editor.

A new edition of Mr. Fearne's Essay on Contingent Remainders, one of the most profound and useful works that have issued from the legal presses of this country, being called for, it was entrusted to him.

Mr. Fearne was a general scholar; he was profoundly versed in mathematics, chemistry, and mechanics. He had obtained a patent for dying scarlet, and had solicited one for a preparation of porcelain. A friend of the Reminiscent having communicated to an eminent gun