pleated, he muft in that cafe kifs the rod, and fubmit himself to the feverity of animadverfion with a patient humility.'

We must acknowledge, that we are extremely forry, that Mr. Hargrave fhould not have found it to confift within the limits of his power and inclination to conclude a work which is fo useful to the ftudents of the law. And, it adds to our regret to obferve, that his fucceffor in this business has by no means an equal claim to panegyrick.

As an editor, Mr. Butler has a title to the praife of accuracy. But it is our decided opinion, that his annotations are neither fufficiently 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 fyftem 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 amaffed a prodigious multitude of notes, not lefs curious than inftructive. But by a ftrange inattention he has neglected to inquire into the fates of the feudal fyftem in Spain, Germany, and France; and confining himfelf merely to English guides, has been able to atchieve little. He entered upon his tafk without refources, and he proceeds in it without fkill.

But while his knowledge is limited, he has no turn for theory or fpeculation, and nothing of that philofophical fpirit, without which the ftudy of the law is only a collection of ordinances and authorities. It affects us with wonder, that an individual fo flenderly endowed, and fo lamely cultivated, fhould have ventured into a fituation for which he is altogether inedaquate. It is a proof of the complacency with which he furveys his own understanding. And it cannot fail to raife 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 unimportant, are few.

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

• Few parts of the law lead to the difcuflion of more extensive or afeful learning than the law of mortgages. The nature of thefe notes neither requires nor admits more than fome few general obfervations upon the origin of mortgages ;-what conftitutes a mortgage; the different eftates of the mortgagor and mortgagee, and the nature of an equity of redemption.-As to the origin of mort. gages; from what is faid of them in this chapter, it appears, that they were introduced lefs upon the model of the Roman pignus, or hypotheca, than upon the common law doctrine of conditions. As o what constitutes a mortgage;-no particular words, or form of Conveyance,

onveyance, are neceffary for this purpofe. It may be laid dow as a general rule, and fubject to very few exceptions, that wherever a conveyancce or aflignment of an eftate, is originally intended as a fecurity for money, whether this intention appears from the deed itfelf, or by any other inftrument, it is always confidered in equity as a mortgage, and redeemable; even though there is an exprefs agreement of the parties, that it fhall not be redeemable, or that the right of redemption fhall be confined to a particular time, or to a particular defcription of perfons. 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. Manlove v. Bell, 2. Vern. 84. Jennings v. Ward, ibid. 520. Price v. Perrie, 2. Freeman 258. Francklyn v. Fern, Barnard. Cha. 30. Clinch v. Wetherby, 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 eftates of the mortgagor and mortgagee, it was not, till lately, accurately fettled. 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 devifed, 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 réceives the rents of it, by the will or permiffion of the mortgagee, who may by ejectment, without giving any notice, recover against him or his tenant. In this refpect the eftate of a mortgagee is inferior to that of a tenant at will. In equity, the mortgagee is confidered as holding the lands only as a pledge or fecurity for payment of his money. Hence a mortgage in fee is confidered only as perfonal eftate in equity, though the legal eftate vefts in the heir in point of law. Hence alio a mortgagee, though in poffeffion, will, in cafe of a living va cant, be compelled in equity to prefent the nominee of the mortgagor to it, even though nothing but the advowfon is mortgaged to him. On the fame principle there is a polo fratris; and tenantcy by the curtely, of an equity of redemption. Cafbore v. Scarfe, 1. Atk. 603. Keeche v. Narne, Doug. 21. Mofs v. Gallimore, ibid. 266. Amherst v. Dawling, 2. Vern. 491, Gally v. Selby, Stran. 403. Gardner v, Griffith, 2. P. Will. 404. Mackenzie v. Robinson, 2. Atk. 559.-In this light the legislature has viewed the different eftates of mortagor and mortgagee in the ftatutes 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 cafe of Role Carrick v. Barton, 1. Chan. Ca, 219. fays, 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 admiffion, if the money was not 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 efcheat; and it was an opinion, that there was no redemption against

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thofe who came in by the poft. This introduced mortgages for long terms of years. Thefe are attended with this particular advantage, that on the death of the mortgagee, the term and the right in equity to receive the mortgage debt veft in the fame perfon: whereas, in cafes of mortgages in fee, the estate, on the death of the mortgagee, goes to his heir, or devifee, and the money is payable to his executor or administrator. This produces a fepara. tion of rights, that is often attended with great inconvenience, both to the mortgagor and mortgagee. On the other hand, in cafe of mortgages for years, there is this defect, that if the eftate is foreclofed, the mortgagee will be only intitled for his term.-To guard against which, it has been thought advifeable to make the mortga gor 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, difcharged of all equity of redemption. The difference between a truft and an equity of redemption, is cbferved by Lord Hale in the cafe of Powlett and the Attorney-general, Hard. 465.'

With regard to taste and compofition Mr. Butler is widely defective. But in this refpect he resembles the generality of his profeffion. And, when we confider the happy elegance of the Roman lawyers, it is a matter of furprize to us, that those of England fhould adhere fo tenaciously to a diction that is coarfe, rugged and difgufting. Perhaps, they imitate the legiflature in the acts of Parliament; which while they are uniformly inelegant, are often expreffed with an extreme want of accuracy and precifion.

ART. XI. Confilia: or Thoughts upon feveral Subjects; affectionately fubmitted to the Confideration of a young Friend, 12mo. 2s. fewed, Cadell, 1785.

'tue.

MOTIVES of devotion and probity have given rife to this publication. The author is difpofed to encourage to the extent of his capacity, the caufe of religion and virHe does 'not-hold out his treatife to be examined by the torch of criticifm. He trufts for approbation to his intention, more than to his merit. And, while we must commend his modefty, it is incumbent upon us to observe, that in general his obfervations are folid and judicious.

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

In one of his effays he has introduced a piece, which is defignedly unfinished; and which we are inclined to tranfcribe as a favourable fpecimen of his ability.

• Will not the torch of love burn bright, unless 'tis dipt in gall?' rejoined ANNA: Degrade not the dignity of fuch a paffion with corroding jealoufy; that baneful compound of diftruft, envy and refentment, each of which is fufficient to debate

the

*the mind, but uniting their feveral poifons must burn up every finer feeling of the foul, and, like a lamp in a fepulchre, imper'fectly discover but the fhadows of the virtues, which had once < existence there.'6 Charming maid,' faid ALBERT, 'I will offend no more, thou henceforth fhall guide me; but proceed with poor LAVINIA; Oh! ALBERT! may we never love as these have loved!' replied ANNA- Where would be the danger of their mu *tual attachinent ?' added ALBERT, gazing with unutterable fondness at her. There never was a more deftructive proof,' faid ANNA, of the perfidy of man, than in the pitiable fequel of LAVINIA's fufferings. I told you yesterday what matchlefs tenderness was manifeft at their interviews:- -LAVINIA, at the ufual hour of EDWARD'S vifit, had retired to the garden, where he was foon joined by EDWARD. The preparation for their nuptials formed an interesting if not the greater part of their converfation, and they already fancied themselves in their fettled habitation. Every thing fmiled around them, the autumnal evening beautifully departing with the glowing fky.' "We have already ftrayed too far," faid LAVINIA, "they will expect us within." EDWAR, unwilling too foon to be fettered by joining the company, prevailed on her to indulge him longer with her charming converfation.-Shc fatally confented; I fay fatally, for how fhall my heart sustain itself in the recital too fecure was the retirement at which they had infenfibly arrived too foft were the moments that preceded defolation,

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too flattering the calm, unconscious of the approaching storm. By a combination of delufive indulgencies, the found herself of in" nocence, of character, of peace, at once bereft; nor could the unhappy youth afford reparation to her foul. The day appointed for their nuptials drew nigh, and though this furnished her in a des gree with confolation, yet could the not diveft herself of a fettled me. lancholy, which had alarmed her friends. The dreadful forebod*ings of the poffibility of that day never arriving, almost drove her to defpair;-at length the difmal tidings of fudden and dan gerous illness too much juftified her prophetic fears.-EDWARD died; and LAVINIA found the evidence of her fhame was not long to be concealed.- EDWARD had, impru . dently, revealed to his friend PHILINTHUS, the day before his death, the fuppofed fituation of his beloved LAVINIA, and withal < enjoined him, as he valued his memory, to lock the fecret fafely in ⚫ his breast, and if cruel neceffity fhould call for it,-to be her friend. PHILINTHUS, after his deceafe, renewed a paffion he had fecretly entertained for LAVINIA, with this humiliating difference, folieit ing her to the unhallowed couch of adultery, instead of his bridal bed. To this end he cruelly intimated to her, his knowledge of their illicit amour. Stung to the quick at the bafe propofal, the the bade him depart, and with the moft towering fuperiority, up braided him with treachery to his departed friend." "Go," faid fle," unworthy of my EDWARD's confidence, go, barter with the "fervile wretch who will reward thee with her licentious converse, and feast thy fenfual hours with unblushing wantonnefs. Think 56 not because I am unfortunate, that I know not to diftinguish be 66 tween the purity of EDWARD's flame, and the wild fallies of a "brutal

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"brutal luft. I was his bride! by every dearest tie, that only union by which the fouls of lovers can be joined, the bond of facred " and inviolable truth! Had he lived - but

gracious HEAVEN! thy will has fnatched him from me,' yet left me his affection which I will never violate! you may spare me, "Sir, your upbraidings, I am not the guilty wretch you take me "for-Boaft no more the participation of his fpotlefs friendship,you are no friend of EDWARD's, who to gratify your paffion, "would plunge into eternal mifery, one, whofe happiness it was to "boaft her EDWARD's love, whofe only crime was an unguarded "tenderness, but whofe privilege it fhall be never to dishonour his "memory!" PHILINTHUS, confounded at this unexpected rebuke, ' endeavoured to ftifle his refentment, and retired. The bitter ef 'fects were however too visible to mistake the caufe. Her father being apprifed of her difhonour, with an implacable fiat, forbad her ever to fee him more; and with a temporary fcanty fubfiftence, launched this beauteous, once beloved of his happiest hours, into the remorfelefs world, an helplefs victim to flander, oppreffion, and famine.

The perjured wretch who caufed this unnatural feparation, with the most aggravating infult, tendered her affiftance, upon conditions the most abject and humiliating, to her exalted and generous mind, but without fuccefs: Thro' much feverity of forrow, and accumulated anguifh, 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 fuffering!Unequal to the conflict, nature owned the hand of Omnipotence, and obeyed?-She and her infant fpirit, together freed from the perfidy and oppreffion of man, winged their flight to those happy region's which her penitence had fought.

PHILINTHUS, Overcome with the restlefs and agonizing reflec tions of the mifchiefs his luft occafioned, had recourse to a pistol; and with fuicide, the refuge only of the defperate, concluded a life,

crimsoned over with crimes.

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

And though we prove not fo fevere a destiny, yet we will think it no difhonour to weep over their memory, and imitate their exemplary paffion.'

In an age of licentiousness, infidelity, and diffipation, it is highly proper that publications of the kind now before us fhould be widely circulated. They ferve to reprefs that degeneracy of manners, which leads not only to the ruin of individuals, but of nations; and, if they exhibit no eminent marks of literary excellence, they are at least indications of private worth. As fuch they muft ever be refpectable. They proclaim indubitably the difpofitions of good men and good citizens; and it may reprefs the pride of many an eminent author, to remember that he is intitled to no fuch praife.

ART