that the parent fhould outlive the children; nor make provifion in their own favour in confequence of fo melancholy a contingency, which even thofe laws that allow the afcent of inheritances have denominated Triftis et luctuofa fucceffio.'

It must be confeffed, that these reafons, urged in defence of this exclufion, are, at first fight, extremely fpecious and ingenious; but the Author will pardon us, if we observe, that on due confideration they appear to be more fubtle than folid, more plaufible than pertinent. With all our partiality to antiquity, and our reverence for Lord Coke's maxim,Nil fine magna fecit Ratione Vetuftas, yet we cannot give our ancestors credit for all the magnanimity, honour, and parental affection, which our Author afcribes to them on this occafion. We are inclined to think, that the Writer's imagination has fupplied motives which never influenced our forefathers conduct: and we are amazed that he should have recourfe to fuch unnatural refinement, when the clear, and as we apprehend, the only reafon, is fo very obvious; nay, indeed, fo properly stated by himself in the fubfequent pages. He very juftly takes notice, that this rule was introduced at the fame time with, and in confequence of, the feodal Tenures and eftates could not afcend, upon this confideration of military policy, that the decrepit grandfire of a vigorous vaffal, would be but indifferently qualified to fucceed him in

his feodal fervices

Thus we fee that this rule plainly has its origin from the feodal policy; and though we agree with our Author, that there is nothing unjuft or abfurd in it, but that, on the contrary, it is founded on very good reason, when confidered as a feodal inftitution, yet when we examine the rule itself, on the principles of abftracted reafoning, we are far from thinking it either juft or rational. Viewed in this light, it is certainly more agreeable to reason, that the estate should ascend to the father, than that it fhould efcheat to the Lord. As the feodal fyftem has been long fince abolished, we cannot conceive why rules founded merely on that barbarous policy, should still fubfift: and we find no impediment, either in reafon, or the prefent frame of the conftitution, why a father fhould not fucceed to a fon's real estate, in default of heirs in the defcending line, as well as take the fon's perfonal property, to which, in the like cafe, he is admitted by law.

The fucceeding rules are explained and illuftrated by our Author, with great learning, judgment, and perfpicuity:

and

and he refers occafionally to the laws of the Greeks, Romans, Jews, Britons, Saxons, &c. He is particularly accurate in diftinguishing between the right of reprefentation and the right of propinquity: and under the fifth rule, which ordains, that on failure of lineal defcendants, or iffue, of the perfon laft feifed, the inheritance fhall defcend to the blood of the firft Purchafer,' our Author affigns a very curious reafon why William the Norman is, by abufe, called the Conqueror.

He obferves that the firft Purchafor, Perquifitor, is he 'who first acquired the eftate to his family, whether the fame 'was transferred to him by fale, or by gift, or by any other method, except only that of defcent. The Feudifts fre-. quently ftile him Conquifitor or Conquaeftor; which, by the way, was the appellation affumed by William the Norman, to fignify that he was the firft of his family who acquired the Crown of England, and from whom therefore all future claims by defcent must be derived; though now, from our difufe of the feodal fenfe of the word, together with the reflection on his forcible method of acquifition, we are apt to annex the idea of victory to this name of Conquaeftor or Conqueror."

6

There is fome thing very acute and ingenious in this explanation; yet, though we are fully convinced that William cannot be faid to have gained the kingdom by conqueft, we cannot, neverthelefs, agree that this is altogether a modern idea on the contrary, we are inclined to think, that our ancestors confidered his victory over Harold, as a conqueft over the kingdom; and they made it a kind of Epoch from whence, for a long time, they dated their Deeds: for we find, even lower than Richard the fecond's time, feveral Deeds dated fo many years poft Conqueftum: by which word they can hardly be fuppofed to have meant fimply William's acquifition of the Crown.

Were we to indulge ourfelves in the pleasure of following our learned Author through his exemplification of the remaining rules, we fhould be led beyond the limits to which it is proper to confine an article which will probably be fo dry to the generality of our Readers. We fhall, therefore, conclude with obferving, that the Writer having stated the general Law of Defcents, proceeds to fubjoin a few hints with regard to the fpecial impediments which may obstruct this general law. Which brings under confideration the doctrine of Efcheats.

Efcheats are of two forts; one, where the Tenant dies without iffue; the other, where his blood is attainted. Our Author obferves in the conclufion, with great good sense and humanity, that the corruption of blood, arifing merely from feodal principles, but extended infinitely farther than those principles will warrant, has been looked upon as a peculiar hardfhip, both because the establishment of the feodal fyftem in this kingdom was founded at firft upon a fiction; and also because, the fubítantial part of thofe Te6 nures being now done away, it seems unreasonable to re❝ ferve one of their moft inequitable confequences; namely, that the children fhould not only be reduced to prefent poverty, but be laid under future difficulties of inheritance, on account of the guilt of their parents.'

Certainly, as all pofitive laws are adapted to prevailing political principles, whenever thofe principles change, the laws fhould be accommodated to the variation: it is not in this only, but in many other inftances, that our laws require amendment, in order to render them more conformable to the prefent frame of our government, and to the genius and manners of the times.

We must not omit to obferve, that our Author has annexed a Table of Defcents to his treatise, which, in our opinion, is more clear, copious, and comprehenfible than the Gradus. Parentele prefixed to Coke on Littleton.

R--d

The BEE: Being Effays on the most interesting Subjects. 12mo. 2s. 6d. bound. Wilkie.

TH

HE Effays here prefented to the public, made their first appearance in weekly Numbers; the publication of which was of no long continuance; and, we are informed, is now at an end. The untimely fate of the BEE, however, is not fingular; and is no more than what the ingenious Author feemed, indeed, very early to apprehend; as appears from the beginning of his fourth Number.

• Were I to measure,' fays he, the merit of my present undertaking by its fuccefs, or the rapidity of its fale, I might be led to form conclufions by no means favourable to the pride of an Author. Should Í eftimate my fame by its extent, every News-paper, and every Magazine, would leave me far behind. Their fame is diffufed in a very wide

circle,

circle, that of fome as far as Iflington, and fome yet farther ftill; while mine, I fincerely believe, has hardly travelled beyond the found of Bow-bell; and while the works of others fly like unpinioned fwans, I find my own move as ◄ heavily as a new-plucked goofe.

Still, however, I have as much pride as they who have ten times as many Readers. It is impoffible to repeat all the agreeable delufions in which a disappointed Author is 6 apt to find comfort. I conclude, that what my reputation < wants in extent, is made up by its folidity. Minus juvat • Gloria lata quam magna. I have great fatisfaction in confidering the delicacy and difcernment of those Readers I have, and in afcribing my want of popularity, to the ig< norance or inattention of those I have not. All the world may forfake an Author, but vanity will never forfake him.

Yet, notwithstanding fo fincere a confeffion, I was once induced to fhew my indignation against the public, by difcontinuing my endeavours to pleafe; and was bravely refolved, like Raleigh, to vex them, by burning my manufcript in a paffion. Upon recollection, however, I confi<dered what fet or body of people would be difpleafed at my rashness. The fun, after fo fad an accident, might fhine next morning as bright as ufual; men might laugh and fing the next day, and tranfact bufinefs as before, and not a fingle creature feel any regret but myself.”

Experience may, for ought we know, have proved the juftice of our Author's reflections: by which, however, we do not mean to infinuate, that his lucubrations are fo void of merit, as not to deferve the public attention. On the contrary, we must confefs ourfelves to have found no inconfiderable entertainment in their perufal. His ftile is not the worft, and his manner is agreeable enough, in our opinion, owever it may have failed of exciting univerfal admiration. "he truth is, moft of his fubjects are already fufficiently orn out, and his obfervations frequently trite and common. AWriter muft, therefore, poffefs very extraordinary talents, of pirit, humour, and variety of expreffion, to please, underuch difadvantages. His fentiments on Juftice and Generity are fenfible, and lefs hackneyed than fome others; on wich account we fhall borrow the following paffage.

rue generofity is a duty as indifpenfibly neceffary as thot impofed upon us by law. It is a rule impofed upon us breafon, which fhould be the fovereign law of a rationa Being. But this generofity does not confift in obeying elry impulfe of humanity, in following blind paffion

D 4

• for

for our guide, and impairing our circumftances by present benefactions, fo as to render us incapable of future ones.

Mifers are generally characterized as men without ho< nour, or without humanity, who live only to accumulate, ⚫ and to this paffion facrifice every other happiness. They • have been defcribed as madmen, who, in the midst of abundance, banish every pleasure, and make, from imaginary wants, real neceffities. But few, very few, correfpond to this exaggerated picture; and, perhaps, there is not one in whom all thefe circumftances are found united. Inftead of this, we find the fober and the industrious branded, by the vain and the idle, with this odious appellation. Men who, by frugality and labour, raife themfelves above their equals, and contribute their share of induftry to the common stock.

Whatever the vain or the ignorant may fay, well were it for fociety, had we more of this character among us. In general, these clofe men are found at laft the true benefactors of Society. With an avaricious man we seldom lofe in our dealings; but too frequently in our commerce with prodigality.

A French Prieft, whofe name was Godinot, went for a long time by the name of the Griper. He refused to relieve the most apparent wretchedness; and by the skilful management of his vineyard, had the good fortune to acquire immenfe fums of money. The inhabitants of Rheims, who were his fellow-citizens, detefted him; and the populace, who feldom love a mifer, wherever he went, received him with contempt. He ftill, however, continued his former fimplicity of life, his amazing and unremitted เ frugality. This good man had long perceived the wants of the poor in the city, particularly in having no water but what they were obliged to buy at an advanced price; wherefore, that whole fortune which he had been amaffing, he laid out in an aqueduct, by which he did the poor more ufeful and lafting fervice, than if he had diftributed his whole income in charity every day at his door.'

The Reader may hence fee, that our Author is no dull, inanimated preacher of wife faws and moral fentences; but one that knows how occafionally to illuftrate his arguments with pertinent and entertaining examples,

He has alfo diverfified the amufement of his Readers, by the introduction of fuch literary and biographical anecdotes