herein the matter was no lefs profitable, than the manner useful and ingenious: fo that this only, of all the books of law, (as concerning the method) is without precedent.-To impart good is to improve it, which was one caufe of the tranflation of this book: yet it is not thereby made fo facile as to defcend to vulgar capacities; witness the very phrafe, the terms of art, excluding all hope of accrue to lay-conceited opinions. Neither fpeaketh it at adventure, but as the author taught, and no otherwife; whose fame will affirm, and none will deny, but that he best knew how to fit and adorn his own work.'

From hence it is evident that the book in question was not written by the author in English, but tranflated, into our language from the original, by a third perfon. Nevertheless, our tranflator has repeated this mistake in his advertisement, in which he thus addreffes the reader. Since this book was printed off, a new edition of the English Finch's Law has appeared, which, as it bears the fame name with this, and both were wrote by the fame Author, it may be proper to acquaint the public, that these are not the fame book, but that this is a translation of the original Finch's Law written in French, and though these do, for the most part, correspond in the first book, yet they differ very materially in the reft, not only in fubftance, (this being much more full and comprehenfive under almost every title, and efpecially in the fourth book, which treats of the law of the admiralty, and the fpiritual law, which the other does not) but also in the form and plan of the work, as may be distinguished, by comparing the tables of the chapters in each book.'

Notwithstanding, however, the translator affirms that the Englifh Finch, and his tranflation of the original French, differ very materially in substance and plan, yet, upon the nicest comparison we have been able to make between the book before us and the old English Finch's Law, of which, our Translator tells us, there is a new edition, we cannot difcover any fuch very material difference, except in the fourth book. The plans of the first book are exactly the fame, though here and there the illustrations of the general heads are fomewhat different. The fecond books likewife nearly agree in the plan. The general heads are the very fame till we come to the fifth chapter, and then, though their order is differently difpofed, yet almost the fame heads are to be found in each. The iteration of nine chapters, in the fecond book of this new work, occafions great confufion. The first nine chapters, which treat of criminal offences, are out of all order, and the fubject of them is, in the old English Finch, with better judgment, reserved for the third book. There is likewife great inaccuracy in the titles to the chapters. The heads of the first chapter of the

fecond

fecond book, for inftance, clofe with eftates, though in fact they are not treated of in that chapter, but in the third.

The third books indeed are different: the matters relating to offences against the crown, being in the old work arranged in the third book, whereas, in the new one, they are confusedly crowded into the fecond. The third book of the latter alfo treats of the courts, which, in the former, are better difpofed of in the fourth. The third book of the new work likewife ends with the chapter concerning arbitrement and accord, which in the old one, with more order and regularity, clofes the second: we muft obferve, however, that the fubftance of this chapter is the fame in each, though in the former the ftile is more modern.

The fourth books are in truth entirely different. The heads of the third book of the new work being moftly treated of in the fourth of the old one; the matter in the fourth book of the former being scarcely mentioned in the latter. Our tranflator, however, does wrong to fay, that the old English Finch does not treat of the spiritual law. It is true, it does not treat of it fo copiously as the new work before us; nevertheless, it is handled, though fparingly, in the first chapter of the fecond book, under the title of Corporations. But if the former is not, in this refpect, fo copious as the latter, it gives a much more diffuse and accurate account of the several kinds of procefs; and likewife treats very fully of the art of pleading, with other particulars, which are not fo much as touched upon in the new work.

Upon the whole, we are of opinion, that this translation might have been very well (pared. The difpofition of the matter in this work is extremely confufed and irregular: and the plan of the old English Finch feems manifeftly to have the preference. This, which our author allows to be later in point of time, is likewife fuperior in point of excellence. The plan is digefted with great analytical skill; and the author has the honour of being the firft who methodized the ftudy of the law. A great deal of his matter, it is true, is become obfolete: nevertheless, it is a very proper book for young students to be acquainted with, both on account of its method and authority.

It would greatly facilitate the ftudy of the law to young beginners, if fome judicious hand would point out to them what is obfolete, and what not: though at the fame time it must be obferved, that they ought to make themfelves acquainted even with the obfolete learning and the reafons of the fucceffive alterations, otherwife they will have but an imperfect knowledge of the prefent fyftem.

As this is a fubject with which, perhaps, few of our readers will be entertained, it will not be expected, that we fhould fupport the comparison between the two books by quotations from

both.

both. Nevertheless, for the fatisfaction of the curious reader, we have given the following fhort extract from each, concerning the rules of law drawn fron OECONOMICS, which fhews the rights of husband and wife. From hence it will appear, that though the file of the new work is, in general, modernized, yet, in fome inftances, it is more obfolete and technical than the old one. Our tranflator, for example, has thought proper to retain, in fome places, the French words chofe for thing; baron for bufband; and feme for wife: whereas, the old work fpeaks English.

From the old Tranflation, page 40.

• The husband and the wife are one perfon. And therefore

• The wife is of the fame condition with her husband.

Franck if he be free, denifon if he be an Englishman, though he were a nief before or an alien borne.

6 55. They cannot fue one another, or make any grant one unto the other, or fuch like.

If the woman marry with her obligor, the debt is extinct, and the shall never have action against the Co-obligor (if another were bound with him) because the fuit against her husband, by enter-mariage was fufpended. And therefore being a personal action, and fufpended against one, it is difcharged against both.

baile.

So, if a feme fole baile goods to one, and marry with the

Likewife the husband cannot infeoffe his wife, but upon a feoffement made unto her by a ftranger, he may deliver feifin unto her by Letter of Attorney; for thereby himself giveth nothing.

56. Upon a joynt purchafe during the coverture, either of them taketh the whole.

If the husband alien land &c. fo given, fhe fhall recover the whole, in a Cui in vita after his death, and the warranty of one of them or his ancestors, is a bar of the whole against them both.

And if a feoffement be made to the husband and wife, and a third perfon; the third perfon taketh one moiety, and the husband and wife the other moiety,

• The husband is the woman's head: And therefore,

58. All fhe bath is her husband's.

The perfonal things the hath are meerly his; but real things, whether land, rents, &c. or chattels real, and things

in action he hath onely in her right: yet fo, as of real chattels and things in action, he may difpofe at his pleasure, and shall have the real chattels if he over-live. Of things in action, herfelf may difpole by will.'

From the new Tranflation, page 28.

63. Hufband and wife are one perfon. And therefore,

The wife is of the fame condition with her husband.

Free if he be free: denizen if her husband be an Englishman, altho' fhe was a nief before or an alien born.

• They may not fue one another, nor make any grant to one another, &c.

If a woman obligee marry with her obligor, the debt is extinct, and fhe fhall never have an action against a co-obligor (if another was bound with him) because the fuit against her hufband was fufpended by the inter-marriage; and this being a perfonal action, and fufpended against one, is difcharged as to all. The fame law if a feme fole deliver goods to one, and after marries with the bailee.

• Obligation upon condition to infeoffe a woman before fuch a day, and before the day the obligor takes her to wife, now the obligation is gone; for it is now become impoffible by his own act. But a man may make a lease for years, with a remainder to his wife.

Upon a joint purchase during the coverture, each taketh the

whole.

• Upon a joint-purchase during the coverture, and the baron alien, the feme fhall have a Cui in vita of the whole; and the warranty of one of them, or his ancestors is a bar of the whole against both; and upon a feoffment to baron and feme, and a third perfon, the third perfon takes one moiety, and the baron and feme the other moiety.

• The husband is the head of the wife; and therefore

All that he hath, belongs to her husband.

That is to fay, perfonal things absolutely; but things real, as lands, rents, &c. or chattles real and chofes in action, only in her right; but yet things real and chofes in action, he may difpofe of at his pleasure, and he shall have the chattles real, if he furvive; and the chofes in action, the feme herfelf may difpofe of by her laft will.'

294

R-d MONTHLY

1

For JUNE, 1759, continued.

MISCELLANEOUS.

Art. 26. A Report from the Committee appointed to enquire into the original Standards of Weights and Measures in this kingdom, and to confider the laws relating thereto. With the proceedings of the Houfe thereupon. Published by order of the House of Commons. Folio, 3s. 6d.A fecond Ditto, price Is. Whiston.

'T would not only be fuperfluous, but an infult upon the under

I ftanding of the Reader, to argue concerning the propriety of uniform weights and meafures, throughout a body of people, whofe laws, cuftoms, and language, unite them together.

This uniformity is enforced by Magna Charta; but unskilfulness, carelessness, and length of time, have fuffered the standards to vary at different times and places, which variations have, in diftant parts of the country, been confirmed by long ufage; and not only so, but in fome places where they had obtained, fubfequent ftatutes relating to weights and measures, fpecified them as particular exceptions to the required conformity. This inconveniency has at length engaged the attention of the Legislature; and the Houfe of Commons appointed a committee to examine into fo nice, and at the fame time fo material a fubject of enquiry. After this committee had delivered in their report, another was appointed to compleat the inquifition; and the refolutions of both have received the fanction of the House.

It appeared, that there were three fubjects of regulation; measures of length, measures of capacity, and weights.

The first of these cannot be defcribed in words, but by reference to fome determined space, of which a model or standard is previously established.

The fecond is capable of defcription, the firft being ascertained; and therefore requires neither model nor pattern.

The third not being derived from the firft, is incapable of fuch defcription as the fecond; and therefore there must be models or fpecimens of every part and multiple required for ufe; of that weight which is fixed to be the ftandard.?

In the opinion of thefe committees, that erroneous measure called Wine-meafure, and the weight termed Avoirdepois, should be abolished.

All measures of length are fixed, by their refolutions, to the standard yard, confidered as the unit'; with its proportional parts or multiples. meatures of the fame denomination, ought to be of the fame capacity.

The