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IX.

HORE JURIDICE SUBSECIVE.

THE Reminiscent now proceeds to mention his other professional publications:

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The first was, "HORE JURIDICA 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."

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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 ground-work 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

greatest satisfaction. Few works have given him more pleasure than the "Antiquitatum Romana

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rum 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 Fiefs; 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 Con-. tingent 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 dyeing scarlet, and had solicited one for a preparation of porcelain. A friend of the Reminiscent having communicated to an eminent gunsmith, a project of a musket, of greater power and much less size than that in ordinary use, the gunsmith pointed out to him its defects, and observed, that "a Mr. Fearne, an obscure

law-man, in Breame's-buildings, Chancerylane, had invented a musket, which, although "defective, was much nearer to the attainment "of the object."

Mr. Fearne had composed a treatise in the Greek language, on the Greek accents: another, on the Retreat of the Ten Thousand. He mentioned to the Reminiscent, that, when he re

solved to dedicate himself to the study of the law, he burned his profane library and wept over its flames: and that the works, which he most regretted, were the Homilies of St John Chrysostom to the people of Antioch, and the Comedies of Aristophanes.

Of the transcendent merit of the Essay on Contingent Remainders, there is but one opinion: the Reminiscent's edition of it appears to have been favourably received: he cannot flatter himself that it has added to the intrinsic value of the work, unless it has been by pointing out its beautiful method and analytical arrangement, which, except by persons familiar both with the subject and the work, were, from the mode of its publication, seldom observed.

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