herein the matter was no less 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 cause of the translation 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 speaketh it at adventure, but as the author taught, and no otherwife; whole fame will athrm, 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 queftion was not written by the author in English, but tranflated, into our language from the original, by a third perfan. 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 tranflation of the original Finch's Law written in French, and though thefe do, for the moft part, correfpond 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 especially 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 diftinguished, by comparing the tables of the chapters in each book.'

Notwithstanding, however, the translator affirms that the English Finch, and his tranflation of the original French, differ very materially in fubftance and plan, yet, upon the niceft comparison we have been able to make between the book before us and the old English Finch's Law, of which, our Tranflator tells us, there is a new edition, we cannot discover 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 illuftrations 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 second 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, referved for the third book. There is likewife great inaccuracy in the titles to the chapters. The heads of the firft chapter of the

fecond

fecond book, for inftance, close 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 second. 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 likewise ends with the chapter concerning arbitrement and accord, which in the old one, with more order and regularity, clofes the second: we must observe, 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 fpiritual 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 second book, under the title of Corporations. But if the former is not, in this respect, 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 tranflation might have been very well fpared. 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 themselves acquainted even with the obfolete learning and the reafons of the fucceffiye alterations, otherwise they will have but an imperfect knowledge of the present system.

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 comparifon between the two books by quotations from

both.

but Nevertheles, for the fatisfaction of the curious reader, errence folowing fort extract from each, concernon the rules of a cran ton OECONOMICS, which fhews traments of ta bona f. From hence it will appear, that though the file of the new work is, in general, modernized, T= kne tances, it is more obfolete and technical that the cd one. Our tranfitur, for example, has thought per trensis, in iome places, the French words chefe for thing; for by Brady and feme for : whereas, the old work Selas Engl

From the old Trantation, page 40.

• The in band and the wife are one perfon. And therefore
"The Come condition with her husband.

• Franck if he be free, deniion if he be an Englishman, though the were a nef before or an alien borne.

55. The coast jut one another, or make any grant one unte the other, or juch lite.

If the woman marry with her obligor, the debt is extinct, and be fill never have action against the Co-obligor (if anothen were bound with him) becaule the fuit against her husband, brenter-mariage was fuipended. And therefore being a perfoaction, and fupelled against one, it is difcharged againft

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

• Likewife the husband cannot infeoffe his wife, but upon a foffement made unto her by a stranger, he may deliver feifin 1.to her by Letter of Attorney; for thereby himself giveth nothing.

* 55. Upon a joyrt purchase during the coverture, either of them

taketh the whole.

If the husband allen land &c. fo given, the shall 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 fecfcment be made to the husband and wife, and a third person; the third perion taketh one moiety, and the bufband and wife the other moiety.

• The busband is the woman's head: And therefore.

58. All fhe bath is ber husband's.

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

10

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 fhall have the real chattels if he over-live. Of things in action, herfelf may dispose by will.'

From the new Tranflation, page 28.

• 63. Husband and wife are one person. 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' she 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 discharged 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 leafe 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 abfolutely; 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 herself may difpofe of by her laft will.'

MONTHLY CATALOGUE,

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. Publifhed by order of the House of Commons. Folio, 3s. 6d. A fecond Ditto, price is. Whifton.

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

I wding of Reader, to argue concerning the propriety of

uniform weights and measures, throughout a body of people, whote laws, cuftoms, and language, unite them together.

This uniformity is enforced by Magna Charta; but unfkilfulness, carelessuefs, and length of time, have fuffered the ftandards to vary at different times and places, which variations have, in diftant parts of the country, been confirmed by long ufage; and not only fo, but in fome places where they had obtained, fubfequent flatutes relating to weights and meafures, 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 subject of enquiry. After this committee had delivered in their report, another was appointed to compleat the inquisition; and the refolutions of both have received the fanction of the Houle.

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

The first of thefe cannot be defcribed in words, but by reference to fome determined space, of which a model or ftandard is previously eftablished.

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

The third not being derived from the first, is incapable of such 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, fhould be abolished.

All meafures of length are fixed, by their refolutions, to the standard vard, confidered as the unit; with its proportional parts or multiples. All meafures of the fanie denomination, ought to be of the fame Capacity.

The