lish tenures, and of the gradual alterations produced by the exigencies or convenience of successive ages, in the mode of holding and transfering property; of the conflicts between principles anciently recognized, and those which it was found convenient afterwards to adopt; and of the various devices and subterfuges by which, often under a nominal adherence to ancient maxims, a new complexion was given to men's estates, and the modes of defeating, conveying, enlarging, or defending them. The slow melioration of the services and restraints of the old military feuds; the progress of voluntary and involuntary alienation; the history of entials, with their appurtenances, fine and recovery; the introduction and application of other conveyances, together with the original jurisdiction of the several English courts, and their subsequent mutual encroachments or limitations; may be here perspicuously traced by the student; who, unless he contemplates these changes in connection with the dates and causes of their origin, could conceive of them only as a mass of discordant principles, and frivolous forms. From this and other treatises of a similar nature, the student may discover, indeed, the deficiences of English law, as an elegant and symmetrical system; but he will be no less profoundly impressed with the prudence and sagacity of those legislators and judges, who were content to sacrifice symmetry to strength; and discovered, perhaps, a more happy invention in thus introducing the innovations demanded by times and circumstances, under the shadow and sanction of an ancient and venerable system.

(Note 5.) GILBERT STUART'S VIEW OF CIVIL SOCIETY.From the various treatises on feudal institutions and manners here recommended, the reader will discover that the question of the existence of feudalism in England anterior to the con

quest, having been dragged into the dispute between the popular and court parties, has, together with some collateral points, been agitated between some of the most distinguished British lawyers and antiquarians, with no inconsiderable warmth.

The student's investigation of this point will issue, we imagine, in the opinion of those, who taking a middle course, have allowed among the Saxons some faint vestiges of the feudal law and manners. Among the boldest productions on the side of the popular party is Gilbert Stuart's 'View of the Progress of Society in Europe,' a work which, in support of the novel theory it sets forth of the origin of chivalry, contains many opinions which an acquaintance with the rise and progress of the British constitution forcibly contradicts, and much learning and research misapplied, or wilfully prostituted by party prejudice. The same remarks apply to his 'Dissertation on the Antiquity of the British Constitution.' To understand the work on the 'Progress of Society,' which is written to establish a peculiar theory, and, as mentioned, to strengthen some party notions; it is advisable for the student to read in Hume's History of England, the following: 1st vol. page 79, 216, 298, 397, 467, and the 1st Appendix to that volume, page 169 to 196; also 2d vol. page 1, 398; 3d vol. page 104.

In our notice of Montesquieu's 'Spirit of Laws,' we have required the student's particular attention to the 28th, 30th, and 31st books. This very sensible writer, who in the first part of his work has so well extracted the spirit of laws in general, has shown in these three books, with what philosophical scrutiny he can investigate the institutions of a particular people. From the study of those books, in which he has evolved the principles and causes of the feudal system, and traced its changes in the French empire during the early

* Vide Note 15, on the First Title.

ages, with a singular skill and felicity, we remember to have derived a pleasure, but slightly diminished by the obscurity into which his sententious conciseness occasionally betrays him. But we conceive that this part of the work would be read with greater advantage after the works of Robertson, Hume, and Gilbert.

(Note 6.) GILBERT'S TREATISE OF TENURES.-The legal productions of sir Jeffrey Gilbert, lord chief baron of the Exchequer, are confessedly among the most valuable that we possess. None of his works reached the press until some time after his death, which took place in 1726. It is a singular excellence of these works, (most of which are to be found in what is called Bacon's Abridgment of the Law,) that they uniformly trace legal points to their first principles, especially those which are of feudal descent; for no where are the grounds and reasons of the English law more fully illustrated, or more ably pursued to their feudal or other origin, than in the writings of this learned judge.

His "Treatise of Tenures,' is peculiarly entitled to the student's regard, as it is one of the most elementary, luminous and satisfactory essays we have on this abstruse learning; and in a short compass removes numerous difficulties, which, without the aid of this little work, nothing less than great assiduity, and ardour of research could subdue. In 1796, Charles Watkins, Esq. published the fourth edition of this work, with copious notes and illustrations; to which he affixed an Historical Introduction on the feudal system. It is scarce necessary to remark that the student need not read the second part of this work, which treats exclusively of the tenure of copyhold, as he cannot fail to know all that is necessary of that tenure, after he has read Blackstone's Commentaries.

(Note 7.) MILLAR ON RANKS.-The author of this work was professor of law in the University of Glasgow. His 'Observations concerning the origin and distinction of ranks in Society; or, An Inquiry into the circumstances which give rise to influence and authority in the different members of Society,' appeared in 1771; and the fourth edition much enlarged, and with the life of the author, in 1806. He is also the author of the valuable 'Historical View of the English Government,' in 4 vols. London, 1803. And of the 'Elements of the Law relating to insurance," 1 vol. 1787.

(Note 8.) TURNER'S HISTORY OF THE ANGLO-Saxons.— The subject of this work is, comparatively, new. It is full of interest, by no means only to the historical antiquarian, but to the statesman and lawyer, as it sheds much light on the political structure of the English government, and on its laws respecting property. There is, perhaps, no system of jurisprudence so dependant on historical research, for its due comprehension, as that of England. It can scarce be said that its philosophy has ever been systematically investigated, certainly not ex professo. It is, therefore, to be sought only in its history; and we are happy to say that these researches (stimulated, we presume, by the example of German and French jurists,) have recently become in England more

common.

(Note 9.) HALLAM'S CONSTITUTIONAL HISTORY.-The learned author, in his 'View of the State of Europe during the Middle Ages,' investigates, with great ability, the origin and progress of the English Constitution, commencing with the Anglo-Saxons, and carried down to the extinction of the house of Plantagenet. Vide vol. 3, chap. viii. His work

entitled, "The Constitutional History of England from the accession of Henry VII. to the death of George II.' is the sequel of that history, through a much more important period; the whole of which forms a more thorough, learned, and impartial view of the subject than is elsewhere to be found. These two works ought to be in every lawyer's library and merit to be studied, not merely read.

(Note 10.) CONVERSATIONS ON THE ENGLISH CONSTITUTION. These are spirited and highly instructive dialogues, in which the interlocutors are sir Ralph Elyot, and his two sons. Sir Ralph is a descendant of Reginald Elyot, a gentleman of note in the reign of the third Henry; and being naturally desirous that his sons should fill with distinction, the same honourable stations which their progenitor had graced, undertakes (in these Conversations) to instruct them in the constitutional history of their country. Actuated by these motives, he professes to inquire only after truth; and discarding theories, and every source of prejudice, he encourages his sons to maintain the dialogue with the same frank spirit; and to form for themselves, from their own examination, such opinions as their deliberate judgment, and strict impartiality, should alone dictate. The parent, with a highly embellished mind, and with that caution and dignity of manners, demanded by the occasion; and the sons, ardent in the pursuit of knowledge, give the reader assurance that their colloquies will abound in useful and interesting information on the many important topics on which they design to converse. In this little volume, therefore, the student is constantly instructed, in a very natural and agreeable manner, without any of the art or formality so often visible in didactic, and historical productions. It is extremely pleasing, moreover, to observe how perfectly the