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pleated, he must in that case kiss the rod, and submit himself to the severity of animadversion with a patient humility.'

We must acknowledge, that we are extremely sorry, that Mr. Hargrave should not have found it to confit within the limits of his power and inclination to conclude a work which is so useful to the students of the law. And, it adds to our regret to observe, that his successor in this business has by no means an equal claim to panegyrick.

As an editor, Mr. Butler has a title to the praise of accuracy. But it is our decided opinion, that his annotations are neither sufficiently various, nor profound. He is evidently unacquainted with the nature and character of the feudal laws; and yet, it is the object of his authors to exhibit a complete system of tenures. An attention to the career of the feudal institutions, in the different countries of Europe would have afforded him an endless scope for illustration ; and he might have amailed a prodigious multitude of notes, not less curious than instructive. But by a strange inattention he has neglected to inquire into the fates of the feudal system in Spain, Germany, and France; and confining himtelf merely to English guides, has been able to atchieve little. He entered upon his talk without resources, and he proceeds in it without skill.

But while his knowledge is limited, he has no turn for theory or speculation, and nothing of that philofophical spirit, without which the study of the law is only a collection of ordinances and authorities. It affects us with wonder, that an individual so slenderly endowed, and so lamely cultivated, should have ventured into a situation for which he is altogether inedaquate. It is a proof of the complacency with which he surveys his own understanding, And it cannot fail to raise the reputation of Mr. Hargrave, when his portion of the edition is compared with that of his unequal colleague. The notes of Mr. Butler, while they are in general uniinportant, are few.

As a specimen of his ability, we shall lay before our readers his annotation on the law of mortgage.

Few parts of the law lead to the difcution of more extensive or useful learning than the law of mortgages. The nature of these notes neither requires nor admits more than some few general observations

upon the origin of mortgages ;-what constitutes a morte gage ;-the different estates of the mortgagor and mortgagee, and the nature of an equiry of redemption.--As to the origin of mort. gages ;~from what is said of them in this chapter, it appears, that they were introduced less upon the model of the Roman pignus, or bbypotheca, than upon the common law doctrine of conditions. As do what constitutes a mortgage ;--no particular words, or form of

conveyance, conveyance, are necessary for this purpose. It may be laid down as a general rule, and subject to very few exceptions, that wherever a conveyancce or aflignment of an estate, is originally intended as a security for money, whether this intention appears from the deed itfelf, or by any other inftrument, it is always considered in equity as a mortgage, and redeemable ; even though there is an express agreement of the parties, that'it Mall not be redeemable, or that the right of redemption shall be confined to a particular time, or to a particular description of persons. See Newcomb v. Bonham, 1. Vern. 7. 214. 2. Ca. in Chan. 58. 159. Howard v. Harris, 1 Vern. 33. 190. 2. Ca. in Chanc. 147. Talbot v. Braddyl, 1. Vern, 183. 394. Barrel v, Sabine, 1. Vern. 268. Manlovę v. Bell, 2. Vern. 84. Jennings. v. Ward, ibid. 520. Price v. Perrie, 2. Freeman 258. Francklyn v. Fern, Barnard. Cha. 30. Clinch v. Wen therby, Caf. tempt. Finch, 376. Cooke v. Cooke, 2. Atk. 67. Mollor v. Lees, 2. Atk. 494. Cottrell v. Purchase, Caf. temp. Talbot, 61. As to the nature of the estates of the mortgagor and mortgagee, it was not, till lately, accurately settled. It was formerly contended, that the mortgagor, -after forfeiture of the condition, had but a mere right to reduce the estate back to his own poffeffion, by payment of the money. It is now established, that the mortgagor has an actual estate in equity, which may be devised, granted, and entailed; that the entails of it may be barred by fine and recovery; but that he only holds the poffeffion of the land, and receives the rents of it, by the will or permission of the mortgagee, who may by ejectment, without giving any notice, recover against him or his tenant. In this respect the estate of a mortgagee is inferior to that of a tenant at will. In equity, the mortgagee is considered as holding the lands only as a pledge or fecurity for payment of his money. Hence a mortgage in fee is contidered only as personal estate in equity, though the legal estate vests in the heir in point of law. Hence allo a mortgagee, though in possession, will, in case of a living vacant, be compelled in equity to present the nominee of the mortgagor to it,-even though nothing but the advowfon is mortgaged to hiin. On the fame principle there is a poffelio fratris; and tenantcy by the curtety, of an equity of redemption. Cafbore v. Scarfe, 1. Atk. 603. Keeche y. Narne, Doug. 21. Moss y. Gallimore, ibid. 266. Amherst v. Dawling, 2. Vern. 401, Gally v. Selby, Stran. 403. Gardner y, Griffith, 2. P. Will. 404. Mackenzie v. Robinson, 2. Atk. 559.-In this light the legillature has viewed the different estates of mortagor and mortgagee in the statutes of the 7th of Will. and M. c. 25. and 9 Ann.c. 5.-As to the nature of an equity of redemption :-originally there was no right of redemption in the mortgagor. Lord Hale, in the case of Rose Carrick v. Barton, 1. Chan. Ca, 219. says, that in the 14th year of Richard II. the Parliament would not admit of redemption. See the printed Rolls, vol. 3. p. 259. It was, however, admitted not long after. But after its admission, if the money was nos paid at the time appointed, the estate became liable, in the hands of the mortgagee, to his legal charges, to the dower of his wife, and to efehear; and it was an opinion, that there was no redemption against



those who came in by the post. This introduced mortgages for long terms of years, These are attended with this particular advantage, that on the death of the mortgagee, the term and the right in equiry to receive the mortgage debt vest in the fame perfon: whereas, in cases of mortgages in fee, the estate, on the death of the mortgagie, goes to his heir, or devisee, and the money is * payable to his executor or administrator. This produces a separa. tion of rights, that is often attended with great inconvenience, both to the mortgagor and mortgagee. On the other hand, in case of mortgages for years, there is this defect, that if the estate is foreclosed, the mortgagee will be only intitled for his term. To guard against which, it has been thought adviseable to make the mortgagor covenant, that, on nonpayment of the money, he will not only confirm the term, but convey the freehold and inheritance to the mortgagee, or as he shall appoint, discharged of all equity of redemption. The difference between a truit and an equity of redemption, is observed by Lord Hale in the case of Powlett and the Attorney-general, Hard. 465.'

With regard to taste and composition Mr. Butler is widely defective. But in this respect he resembles the generality of his profession. And, when we consider the happy elegance of the Roman lawyers, it is a matter of surprize to us, that those of England should adhere fo tenaciously to a diction that is coarse, rugged and disgusting. Perhaps, they imitate the legislature in the acts of Parliament; which while they are uniforinly inelegant, are often expressed with an extreme want of accuracy and precision.

ART. XI. Confilia : or Thoughts upon several Subjects ; affec

tionately submitted to the Contideration of a young Friend, 12mo.

25. fewed, Cadell, 1785. MOTIVES of devotion, and probity have given rise to

this publication. The author is disposed to encourage to the extent of his capacity, the cause of religion and vir'tue. He does 'not-hold out his treatise to be examined by the torch of criticism. He trusts for approbation to his intention, more than to his merit. And, while we must commend his modeity, it is incumbent upon us to observe, that in general his observations are folid and judicious.

The topics which he has ventured to canvass have a reference to religion, to affection and benevolence, to conduct and conversation, to patience, pleasure, and amusements.

In one of his essays he has introduced a piece, which is designedly unfinished; and which we are inclined to tranfcribe as a favourable specimen of his ability

" Will not the torch of love burn bright, unless 'tis dipt in gall?' rejoined ANNA: 'Degrade not the dignity of such a passion with corroding jealousy; that baneful compound of diftruft, envy and resentment, each of which is suflicient to debate



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* the mind, but uniting their several poisons must burn up every * finer feeling of the soul, and, like a lamp in a sepulchre, imper

fectly discover but the shadows of the virtues, which had once existence there.'- Charming maid,' said ALBERT, 'I will • offend no more, thou henceforth shall guide me ; but proceed with

poor LAVINIA; Oh! ALBERT! may we never love as these have loved!' replied ANNAWhere would be the danger of their mu* tual attachinent?' added ALBERT, gazing with unutterable fondness at her. “There never was a more destructive proof,' said Anna,

of the perfidy of man, than in the pitiable fequel of LAVINIA'S sufferings. I told you yesterday what matchless tenderness was manifest at their interviews :- -LAVINIA, at the usual hour of EDWARD's visit, had retired to the garden, where she was soon joined by EDWARD. The preparation for their nuptials formed an interesting if not the greater part of their conversation, and they already fancied themselves in their settled habitation. Every thing *smiled around them, the autumnal evening beautifully departing

with the glowing sky.' " We have already strayed too far," said LAVINIA," they will expect us within." EDWARD, unwilling

too soon to be fettered by joining the company, prevailed on her to indulge him longer with her charming conversation ----Shc fatally consented; I say fatally, for how shall. iny heart sustain itself " in the recital ?m-too secure was the retirement at which they had in* sensibly arrived

too soft were the moments that preceded desolation, -too flattering the calm, unconscious of the approaching storm. • By a combination of delusive indulgencies, she found herself of in-.

nocence, of character, of peace, at once bereft; nor could the un

happy youth afford reparation to her soul. The day appointed • for their nuptials drew nigh, and though this furnished her in a de

gree with confolation, yet could she not divest herself of a settled melancholy, which had alarmed her friends. The dreadful forebodsings of the pollibility of that day never arriving, almoit drove her

to despair ;-at length the dismal tidings of sudden and dan. gerous illness too much justified her prophetic fears.-Ève WARD died; and LAVINIA found the evidence of her shame was not long to be concealed.EDWARD had, impru.

dently, revealed to his friend PHILINTHUS, the day before his * death; the supposed situation of his beloved LAVINIA, and withal

enjoined him, as he valued his memory, to lock the secret fafely in his breaft, and if cruel necessity should call for it, to be her friend. PHILINTHUS, after his decease, renewed a paffion he had secretly entertained for LAVINIA, with this humiliating difference, folieit

her to the unhallowed couch of adultery, instead of his bridal

To this end he cruelly intimated to her, his knowledge of • their illicit amour. Stung to the quick at the base proposal, she * the bade him depart, and with the most towering superiority, up:

braided him with treachery to his departed friend.” “ Go," said {le, unworthy of


EDWARD's confidence, go, barter with the " servile wretch who will reward thee with her licentious.converse, " and feast thy sensual hours with unblushing wantonness. Think

not because I am unfortunate, that I know not to distinguish between the purity of EDWARD's flame, and the wild fallies of a S4

“ brutal

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" brutal lust. I was his bride! by every dearest tie, that only uni.

on by which the souls of lovers can be joined, the bond of sacred * " and inviolabie truth! Had he lived

but “ gracious HEAVEN! thy will has snatched him from me, yet left

me his aficction which I will never violate! you may spare me, " Sir, your upbraidings, I am not the guilty wretch you take me “ forBoast no more the participation of his spotless friendship,

yoù are no friend of Evward's, who to gratify your pallion, “ would plunge into eternal misery, one, whose happiness it was to “ boast her Edward's love, whoie only crime was an unguarded “ tenderness, but whose privilege it fhall be never to dishonour his “ memory!" PHILINTHUS, confounded at this unexpected rebuke, ' endeavoured to stifle his resentmerit, and retired. The bitter ef"fects were however too visible to mistake the cause. Her father be*ing apprised of her dishonour, with an implacable fiat, forbad he:

ever to see him more ; and with a temporary scanty subsistence, launched this beautçous, once beloved of his happiest hours, into the * remorseless world, an helpless victim to flander, oppreffion, and famine,

• The perjured wretch who caused this unnatural feparation, with the most aggravating insult, tendered her assistance, upon conditions * the most abject and humiliating, to her exalted and generous mind, "but without success : Thro' much feverity of forrow, and accumulated anguish, did the lovely LAVINIA linger, till the dreadful * hour arrived, when the pledge of their unexampled affection was to 'be born. Heaven in that hour decreed her final suffering ! Une

qual to the conflict, nature owned the hand of Omnipotence, and obeyed ? --She and her infant spirit, together freed from the perfidy

and oppression of man, winged their flight to those happy regions * which her penitence had fought.

* PHilinThus, overcoine with the restless and agonizing reflec, * tions of the mischiefs his lust occafioned, had recourse to a pistol;

and with suicide, the refuge only of the desperate, concluded a life, * crimsoned over with crimes.

• Enough! Anna! exclaimed Albert, enough of forrow, lovely maid! Our loves, I trust fhall share a happier fate, and if to-mor• row's dawn is not destructive to my hopes, our nuptials shall establish . the purity of our attachment,

* And though we prove not so severe a destiny, yet we will think it no dishonour to weep over their memory, and imitate their exemplary passion.'

In an age of licentiousness, infidelity, and dissipation, it is highly proper that publications of the kind now before us hould be widely circulated. They serve to repress that degeneracy of manners, which leads not only to the ruin of individuals, but of nations ; and, if they exhibit no eninent marks of literary excellence, they are at least indications of private worth, As fuch they must ever be relpectable. They proclaim indubitably the dispositions of good men and good citizens; and it may repress the pride of many an eminent author, to remember that he is intitled to no fach praise.


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