blifh themfelves by the fword, in the other. We shall give but few extracts of this part. The character of Hanniel is thus delineated in Mr. Dwight's very beft' manner, during the confternation and diftrefs of the Ifraelites. Rent were their martial veftments, torn their hair, And every eye ipoke pangs of keen defpair, 'Mid the fad throng, in mournful robes array'd, Vile duft befprinkled o'er his downcaft head, Pale Hanniel rofe, and with diffembled, woe Clouded his front, and urg'd the tear to flow. Of princely blood, his haughty fire of yore. Proud Pharaoh's favourite on th' Egyptian fhore, O'er Ifrael's race was fcepter'd to prefide, To rule their tributes and their toils to guide. In the fon's mind again the parent liv'd, His pride rekindled, and his art reviv`d. Whate'er pride call'd, his changing foul would turn, Grieve with the fad, and with the envious burn; Vaunt with the brave, be ferious with the wife, And cheat the pious with uplifted eyes; Or lift, delighted, to the tales of age. adorn'e, With pangs he faw, but ftill in fecret mourn'd; His clofe revenge the hero's fate decreed, And imooth, fure flander taught his name to bleed. With friendly grafphe squeez'd each warrior's hand, With jefts familiar pleas'd the vulgar band; In fly, fhrewd hints the leader's faults difclos'd, Prais'd his whole fway, but fingle acts oppos'd; Admir'd how law fo ftern a face could wear; Stil'd combat rafhnefs, and nam'd caution fear: With angels then his fame and virtue join'd, To tempt coarfe fcandal from each envious mind; Bleft his own peaceful lot, and fmil'd that Heaven, To minds that priz'd them, empire's toils had given. Yet bafe-born fear his vigorous foul difcain'd; Each danger (bar'd, and every toil fuftain'd: Joy'd in terrific fields the foe to dare, And claim'd the honours of the fierceft war. Now the bleft period, long in vain defir'd, His fond hope flatter'd, and his bofom fir'd; VOL. XIII. To end his rival's fway, his own fecure, Refolv'd, his fancy deem'd the triumph fore. In feeming anguish oft his hand he wrung, And words imperfect murmur'd on his tongue; At length with feeble voice he thus began, While round the tribes a mute attention ran. Of Hanniel's fpeech, which is a very incoherent oration, take the following fpecimen : But where, oh where fhall hapless Ifrae fly; Where find a covert, when the ruin's nigh? Will no kind land the with'd recefs difclofe? No friendly refuge foothe our long, lung woes? Yes; the fair fruitful land, with rapture crown'd, Where once our fires a fweet retirement found, That land, our refuge Heaven's high will ordains, Pleas'd with our prayers, and piteous of our pains. the oration Jofhua's reply is alfo a very incoherent harangue, and almost every period of it night be tranfpofed without prejudice to It is likewife languidly tedious; and if the hypocrify of Hannil is well defcribed, (a character, according to fome, common in America, and therefore must have often fallen under our author's particular obfervation) that of the great hero is moft poorly and awkwardly delineated in Mr. Dwight's character of Joshua. Befides the incoherence of his rhapfody, it falls often into downright vulgar fcolding; and the dignity afcribed to Jofhua, and his boasts of his own prowefs, have much of that ornement called bombast. Joshua's reply to Hanniel: Like angels drefs'd in glory's prime, With confcious worth, and dignity fublime, While the ftill thousands gaz'd with glad furprize, His great foul living in his piercing eyes, Tell, if thou canft, when lur'd by intereft's call, One nerve, one with forgot the blifs of all. In virtue arm'd, while confcience gaily fmiles, I mock thy fraud, and triumph o'er thy wiles : Thy darts impoifon'd peace and glory bring; 'Tis guilt alone gives flander ftrength to fting. Blush, Hanniel, blufh; to yonder tent depart; Let humbler wishes rule thy envious heart; Calm the wide luft of power, contract thy pride; Repent thofe black defigns thou canst not hide; Once more to Heaven thy long-loft prayers revive, And know, the mind that counfels can forgive. Can I, as GOD, unfailing blifs affure, Foil with a wifh, and peace at choice fecure? What nature can, this arm unbroke shall bear; Whate'er man dar'd, this breaft unshaken dare; Canäan's hoft thofe eyes with pain fhall view My falchion vanquish, and my feet purfue; On Ifrael's faithful fons this hand bestow The blifs of quiet and the balm of woe. O'er Jacob's heirs were scepter'd to prefide, Their tributes gather, and their labours guide ? From them, each cruel pang your heart shall rive, That coward minds or offic'd flaves can give : Their daring hands prophane the spotless charms, That yield foft tranfport to your melting arms; Each generous thought the brandish'd scourge controul, And infult rend the agonizing foul. In the beginning of the American war it was the cant of that country to reprefent England as plunged in vice, and loft to every civil and religious virtue, and therefore highly dangerous to the edu cation of the youth of the virtuous States. This miferable cant, fo difgraceful to American candour, is thus expreffed by Joshua: To Egypt's crimes our fons fhall fall a prey, And learn her manners, while they own her fway: From many a bower obfcene the poifon glide, Taint the young foul, and freeze the vital tide. Hanniel in his fpeech had foretold the The American hatred of the name of miferics of Ifrael in cafe of fuccefs hy King is thus afcribed to Jofhua. Tho' whelm'd in floods one impious tyrant lies, In the thron'd fon fhall all the father rife; The fame black heart; the fame beclouded mind: To pity marbled and to reafon blind. Search ancient times; the annal'd page run o'er; With curious eye the fun's long course explore; Scarce can each age a fingle King confefs, Who knew to govern, or who wifh'd to blefs: The reft, of earth the terror or the fcorn, By knaves exalted, and by cowards borne. To lords like thefe fhall Ifrael's millions bow? Bend the falfe knee, and force the perjur'd vow? Then all the plagues from jealous power that fpring, And death, the tender mercy of a King, Hanniel is thus upbraided with his birth, (fce the introduction to his character, above cited) in a vulgar manner: Can I forget, how from the dunghill rais'd, Villains who bow'd, and fycophants who prais'd, war. (See the argumentof Book I. in our laft.) To this part Joshua oppofes the dreams of future grandeur, in the true ftyle of the American enthusiasm of expectation Then o'er wide lands, as blifsful Eden Then fmiling Art fhall wrap the fields in bloom, Fine the rich ore, and guide the useful loom; And with Caleb's propofal for a falt of two days, the Firft Book concludes. (To be concluded in our nex:.] The Firft Part of the Inftitutes of the Laws of England, or a Commentary upon Littleton. By Sir Edward Coke. A new Edition, with Notes and References, by Francis Hargrave and Charles Butler, of Lincoln's-Inn, Efquires. Folio. 31. 3s. Brooke. 1788. IN our laft Number we gave an account of the general defign of the prefent edition; we fhall now proceed to give a few of the notes which difplay the greateft elegance of arrangement, and moft fcientific acquaintance with the fubjects they treat of at the fame time we fhall felect thofe, which, from their nature, are moft adapted for popular infpection. Our first felection fhall be from that part of the volume on which Mr. Hargrave has com mented. The following note on Entails will prove highly interefting and ufeful to a profeffional reader. "Two things feem effential to an intail within the ftatute de donis. One requifite is, that the fubject be land or fome other thing of a real nature. The other requifite is, that the estate in it be an inheritance. Therefore neither eftates pur autre vie in lands, though limited to the grantee and his heirs during the life of celui que vie, nor terms for years, are intailable any more than perfonal rbattels; because as the latter, not being either interefts in things real or of inheriiance, want both requifites, fo the two former, though interefts in things real, yet not being alío of inheritance, are deficient in one requifite. However, eftates pur autre vie, terms for years, and perfonal chattels, may be fo fettled, as to anfwer the purposes of an intail, and be rendered unalienable almost for as long a time, as if they were intailable in the ftrict fenfe of the word. Thus eftates pur autre vie may be devifed or limited in ftrict fettlement by way of remainder like estates of inheritance; and fuch as have interefts in the nature of eftates-tail may bar their iffue and all remainders over by alienation of the eftate pur autre vie, as thofe, who are strictly fpeaking tenants in tail, may do by fine and recovery; but then the having of iffue is not an effential preliminary to the power of alienation in the cafe of an estate pur autre vie limited to one and the heirs of his body, as it is in the cafe of a conditional fee, from which the mode of barring by alienation was evidently borrowed. The manner of fettling terms for years and perfonal chattels is different, for in them no remainders can be limited; but they may be intailed by executory devife or by deed of truff, as effectually as eftates of inheritance, if it is not attempted to render them unalienable beyond the duration of lives in being and 21 years after, and perhaps in the cafe of a pofthumous child a few months more; a limitation of time, not arbitrarily prefcribed by our courts of justice, but wifely and reasonably adopted in analogy to tlie cafe of freeholds of inheritance, which cannot be fo limited by way of remainder as to postpone a complete bar of the intail by fine or recovery for a longer fpace. It is alfo proper to observe, that in the cafe of terms of years and perfonal chattels, the vefting of an intereft, which in realty would be an estate tail, bars the iffue and all the subsequent limitations, as effectually as fine and recovery in the cafe of eftates intailable within the ftatute de donis, or a fimple alienation in the cafe of conditional fees and eftates pur autre mitations of perfonalty are on contingencies vie; and further, that if the executory litoo remote, the whole property is in the first taker. Upon the whole, by a series of after many struggles in respect to perfonalty, decifions within the last two centuries, and property is in fubftance equally capable of beit is at length fettled, that every species of ing fettled in the way of intail; and though fubject, yet they tend to the fame point, and the modes vary according to the nature of the the duration of the intail is circumfcribed almoft as nearly within the fame limits, as the difference of property will allow. As to the intail of eftates pur autre vie, fee 2. Vern, 184. 225.3 P. Wms. 262. 1. Atk. 524. 2. Atk. 259. 376. 3. Atk. 464. and 2. Vel, 681. As to the intail of terms for years and perfonal pett's cafe, 10. Co. 46. b. Child and Bailey, chattels, fee Manning's cafe, 8. Co. 94. LamW. Jo. 15. Duke of Norfolk's cafe, 3. Cha, Caf. 1, a Cafe in Carth. 267. and one in 1. P. Wms. I. Conting. Rem. and Exec. Dev. 2d ed. r. See alfo Fearne's Essay on 122. to the end. Mr. Fearne's work is fo ject of remainders and executory devifes, that very inftructive on the dry and obscure sub it cannot be too much recommended to the attention of the diligent ftudent.-Note, it de donis doth not extend to the Ifle of Man, was refolved in the 40. Eliz. that the statute because the statute is general, and the Isle of Man is not fpecially named. See 4. Inft. 284. 2. And. 115. and 2. Vef. 350. See alio ante 9. a. where the following note by Lord there mentioned by Lord Coke to have been Hale in refpect to the cafe of the lfle of Man, adjudged in 40 Eliz. should have been introduced; though as it partly relates to the ftaany impropriety. Nota, William Earl of tute de donis, it may come in here without Salisbury A a 2 Salisbury got Man from the Scots, and granted it to William Scroop. Hen. 4. claiming it by conqueft from him, granted it comiti Northumbria, and on bis attainder granted it to Sir John Stanley and his heirs; and in this cafe ruled, 1. That Man is not parcel of England. 2. That it is bound by ftatutes of England where specially named, otherwife not. Therefore the ftatutes de donis, of uses, of wills, not in force there; and it defcends to the cobeirs of Ferdinando, and not to his brother William Earl of Derby. Hal. MSS. The note on Deans contains in itself an extenfive courfe of curious learning. "Various kinds of deans, befides deans of chapters, are known to our law; and it requires more divifions than one to diftinguish them properly. Confidered in respect of the difference of office, deans are of fix kinds. 1. Deans of chapters, who are either of cathedral or collegiate churches; though the members of churches of the latter fort may more properly be denominated colleges than chapters. 2. Deans of peculiars, who have fometimes both jurisdiction and cure of fouls, as the dean of Battel in Suffex; and fometimes jurisdiction only, as the dean of the Arches in London, and the deans of Bocking in Effex and of Croydon in Surry. 3. Rural deans. 4. Deans in the colleges of our univerfities, who are officers appointed to fuperintend the behaviour of the members and to enforce difcipline. 5. Honorary deans, is the dean of the Chapel Royal at St. J mes's, who is fo ftyled on account of the dignity of the perion over whofe chapel he prefides. As to the chapel of St. George, Windfor, there being canons as well as a dean, it is fomething more than a mere chapel, and, except in name, refembles a collegate church. 6. Deans of Provinces, or, rs they are fometimes called, deans of bishops. Thus the bishop of London is dean of the province of Canterbury, and to him as fuch the archbishop fends his mandate for fummoning the bishops of his province, when a convocation is to be affen.bled; which perhaps may account for calling the dean of the province dean of the bishops. What the ther parts of his office are, the books we have been able to confult do not explain; nor to they meation whether there is a dean for See Lyndw. Ox. the province of York. ed. 317. Gibf, Synod. Anglican, 17. Ante 94. 2.-Another divifion of deans arifes from the nature of the office, and is into of Spiritual promotions and deans of lay promotions. Of the former kind are deans of peculiars with cure of fouls, deans ceans of the royal chapels, and deans of chapters; "The new deaneries and chapters to old bifhopricks are eight; namely, Canterbury, Norwich, Winchester, Durham, Ely, Ro chefter, Worcelter, and Carlife. The new deaneries and chapters to new bishopricks are five, viz. Peterborough, Chester, Gloucefter,. Bristol, and Oxford. "As to the old deaneries, it will be very difficult difficult to trace the fubject, with any tolerable degree of precifion, higher than the reign of King Jolin, or to afcertain what was the legal mode of conftituting deans of chapters before. If our ancient chronicles are to be depended upon, nothing could be more variable than the practice for several reigns after the Conqueft. Thus in the church of York, we find fometimes the archbishop collating to the deanery, fometimes the king conferring, and fometimes the chapter electing; and it is probable, that a like uncertainty prevailed in other cathedrals.. See Drake's Antiq. York 557. to 565. 1 Will. Surv. Cathedr. 64. At length however af ter many struggles the elective mode of conftituting deans, as well as bishops, abbots, and priors, was established throughout the kingdom; for King John by a charter of the 16th of his reign grants ut de cætero, in univerfis et fingulis ecclefiis et monafteriis cathedralibus et conventualibus totius regni noftri Anglia, liberæ fint in perpetuum electiones quorumcunque prælatorum majorum et minorum; and deans of chapters clearly fall within the defcription of minor prelates. See King John's charter in 1. Coll. Ecclef Hift. Append. No. 33. and as to the word prælatus, confult Lyndw. Oxf. Ed. 41. and 217. But notwithstanding the ftrong terms, in which the freedom of canonical election is provided for by this charter, and the repeated confirmation of it by various ftatutes, the election of a dean by the chapter is by long practice converted into a mere form, and the King is in reality as much the patron of the old, as he is both in name and fubftance of the new deaneries. For two centuries paft at least, the King's songe d'elire, which by the charter of John muft precede every election of a prelate and was in ufe long before, hath been invariably accompanied with the King's letter miffime, as it is ftyled, recommending a particular perfon, whom the chapter of course elét their dean. In the cafe of the old bishopricks, which are filled in the fame form, the election of the perfon named by the Crown is fecured by a ftatute of the 25th of Henry the Eighth, which compels the chapter to yield to the recommendation by the pains of a præmunire, and if they refufe authorizes the King to appoint a bishop by letters patent. See poft. 134. a. But no fuch ftatute hath been yet made in refpect to the old deaneries; and therefore the right of the Crown over them refts wholly on the charter of King John and the fubfequent practice. Here then it may be asked, how the Crown, with out the aid of a ftatute, can enforce its claim of patronage; and what are the means, by which the nomination would be made effectual if the chapter fhould difiegard the royal recommendation, and perfevere in a free exercife of the right of electing? This queftion may be refolved, by considering, that even the charter of King John requires the King's confirmation of the choice made hy the chapter; and therefore by refufing to confirm he may always prevent the effect of their election. Nay, it hath been faid, that the election is fo wholly a ceremony as not even to be effential, and that even before any act of parliament to difpenfe with it the King might nominate to the old bishopricks by letters patent, without reforting to the chapter for the form of their concurrence; and the old deaneries are within the fame reafon. See the cafe of Revan O'Brian in Cro. Jam. 552. Palm. 22. and 2. Ro. Rep. 101. 130. and f. c. cited in F. N. B. 4to ed 396, note (a). This doctrine, it mult be owned, notwithstanding the pofitive terms in which it was afferted, and the reverence due to the judges by whom it was recognised, feems as repugnant to the letter of King John's charter, as the mode of electing in conformity to the letter millive certainly is to the genuine Spirit and intention. But the latter having the fanction of a practice too ancient to be now drawn into queftion, it can be of little ufe to deny the former; and accordingly in the reign of Charles the First we find fome inftances, in which the King actually appointed to fome of the old deaneries by letters patent without the leaft appearance of oppofition on the part of the chapter. See Rym. Foed. vol. 8. part 3. page 166. vol. 9. part 1. page 82. To fix the time when the letter mijive, in refpect either to the old deaneries or the old bishopricks firft come into ufe; to explain how from a mere recommendation it grew into a royal mandate ; and more particularly to determine, whether it operated as fuch before the Reformation, or whether that, in confequence of the alfertion of the King's fupremacy, was the sera of implicit obedience to it; might be both curious and useful. Probably the utter miffive was not generally ufed, to control the freedom of election, till after the time of Edward the Firft. At least Mr. Prynne, hoftile as he was to canonical election, le deeming it an ufurpation to the prejudice of the royal prerogative, gives us a conge d'elive ‹ f Edward the Firft for the election of a bishop, which concludes with a recommendation to the chapter in general terms to chufe a perfon duly qualified; but he takes no notice <f its being accompanied with a letter mifive; a circumstance, which, had it occurred, won'd fearce |