ftruction upon the words and terms used by the teftator. It is now clearly fettled, that the words all his eftate, will pass every thing a man has but if the word all is coupled with the word perfonal, or a local defeription, there, the gift will pafs only perfonalty, or the fpecific eftate particularly defcribed.

All these principles being clearly settled and certain, the question in this cafe comes to a question of construction upon the will itself. Now, in this will there are feveral things which it is material to observe and first, the introduction is very material. Introductory words cannot vary the conftruction of a devife, fo as to enlarge the estate of a devifee, unless there are words in the devise itself sufficient to carry the degree of intereft contended for. But wherever they affift to show the intention of the teftator, the courts have laid hold of them, as they do of every other circumftance in a will, which may help to guide their judgment to the right and true construction of it. The introductory words used by the teftator in the prefent cafe, are not ftrict legal terms; but they are the words of a plain man of found learning. He fays," As to all my worldly fubftance, I give, &c." What is fubitance? It is every property a man has. So, in the ftatute 4 and 5 Phil. and Mar. c. 8. for the punishment of fuch as fhall take away maidens that be inheritors, the word fubftance is made ufe of, and means worldly wealth.

The words of the will before the court are: "I alfo give to my mother, all the remainder and refidue of all the effects both real and perfonal which I fhall die poffeffed of." Now, is the conftruction of thefe words to be confined to a gift of perfonalty only? moft clearly not; because the teftator has exprefsly added the word real to the word effects. Do the words real effects in law, mean real chattels only? No authority has been produced to fhew that they do: and, in point of fact, there was but one leafe belonging to the teftator in this cafe which could come under that defcription; confequently, if the con ftruction contended for by the defendant were the true one, only that leafe would país; which would be to narrow the conftruction of the word real very much indeed. The natural and true meaning of real effects in common language and fpeech is real property; and real and erfonal effects are fynonymous to fubftance, which includes every thing which can be turned into money. In feveral claufes of the bankrupt laws which make it felony in a bankrupt to conceal, remove, or embezzle any part of his goods, wares, merchandize, monies, or effects; the word "effects" is made use of in this fenfe. If that be the true conftruction, there can be no doubt but that the words remainder of real effects include the reverfion of every thing not difpofed of; in which cafe, no words of limitation were neceffary.'

Paffing to the other fide of Weftminster-hall, we are pleafed to meet with the valuable Reports of Cafes in Equity, publifhed by Mr. Brown. They begin in Trinity tem 1778, and end with the fittings after Trinity term 1788: during the whole of this period, with the exception of a very fhort interval, Lord Thurlow has filled the high office of Chancellor of England, with abilities which (according to the unanimous voice of the profeffion) have never been furpaffed, and feldom equalled.

This fact makes Mr. Brown's Reports particularly important. The Public, unquestionably, is greatly indebted to him for the publication of them, and will always receive his continuation of them with pleasure. But..r.

a

ART. XIX. Reports of Cafes argued and determined in the High Court of Chancery, and fome fpecial Cafes adjudged in the Court of King's Bench, collected by William Peere Williams, late of Gray's Inn, Efq. The fourth Edition, with additional References to the Proceedings in the Court, and to later Cafes. By Samuel Compton Coxe, of Lincoln's Inn, Efq. Royal 8vo. 11. 11s. 6d. bound. Brooke. 1787.

IT

T is not an exaggeration to fay, that this is the best edition, ever published, of any law-book. The editor has attentively compared every cafe with the account of it in the regifter's books, and has pointed out every variation from them that appeared material. He has alfo taken care to mark every determination contained in his author's reports which has been affected, in any respect, by fubfequent decifions or difcuffions. But what particularly enhances the merit of this edition is, the elaborate, though concife, notes of the editor. These contain ftatements of the doctrines of the court, on almost every point of equitable learning, fo fuccinctly, but-fo accurately, expreffed, and illuftrated by references fo well chofen and fo appofite to the point in queftion, as to make the work a complete body of equity. Of this, the following note is a specimen :

The ftrict rule is established, that a legacy given by a debtor to his creditor, which is equal or greater than the debt, fhall be prefumed to be intended in fatisfaction of the debt. Talbot v. Duke of Shrewfbury, Pre. Cha. 394. Jeffs v. Wood, poft. 2 vol. 132. Fowler v. Fowler, poft. 3 vol. 353. Reech v. Kennegal, 1 Vez. 126; but the later cafes, although they acknowledge the general rule to be fully eftablished, yet exprefs a diffatisfaction with the principle upon which it proceeds, and are anxious to collect from the will circumstances to rebut fuch prefumption. So where the payment of debts is particularly mentioned, as in the prefent cafe, and the cafe of Chancey, and Richardfon v. Greefe, 3 Atk. 65. Or, where the legacy is not equally beneficial with the debt, in fome one particular (although it may be more fo in another) as in time of payment, Nicholls v. Judson, 2 Atk. 300. Clarke v. Sewell, 3 Atk. 96. Matthews v. Matthews, 2 Vez. 635. or in point of certainty. Crompton v. Sale, poft. 2 vol. 555. Barret v. Beckford, 1 Vez. 519.'

We have felected this note for its fhortness, not for its comparative merit. From the fpecimen which Mr. Coxe has given in this work of his profeffional knowlege, it is to be hoped that he will favour the public with fome future publication, on the Subject of legal or equitable learning. But-r.

ART

ART. XX. Speculations upon Law and Lawyers; applicable to the manifeft Hardships, Uncertainty, and abufive Practice of the Common Law. 8vo. pp. 104. 2 S. Robfon and Co. &c. 1788.

TH

HESE are the fpeculations of a man of obfervation and enquiry, prejudiced, we conjecture, from the advertisement at the conclufion, by perfonal injuries, and smarting from the effects of legal feverity. That perfection fhould be found in any human fyftem, we are not fanguine enough to expect; nor do we know whether the evils which are here pointed out could be remedied, without introducing mischiefs worfe than those that are already experienced. Many of them (we believe moft) might be redreffed by applications to the Courts where the abufes are committed, without hazarding experimental innovations, which are always dangerous; and which, in too many cafes, however plaufible, have been found, when tried, generally ineffectual, and fometimes deftructive.

It has been often remarked, that a Platonic commonwealth, which a speculatift in his ftudy may delineate, has a beautiful appearance, and would be univerfally defired; but a practical statesman knows that the vifionary fyftem is not to be carried into execution. In like manner, an ingenious man, by selecting all the evils attendant on civil fociety, by difplaying them in the moft glaring colours, and omitting every circumftance of advantage, may exhibit fuch a picture as none but an hypochondriac will for a moment admit to be a faithful representation. In this manner have the law and its profeffors been treated. Every benefit which is derived from legal inftitutions, has been concealed; while every abuse of them has been magnified, with moft malicious industry.

The prefent author, in his firft fection, treats on the neceffity of a revifal and abridgment of the law; and in the next, of the aftonishing increase of printed law books, fince the beginning of the last century. He is a warm advocate for brevity, and, we prefume, its natural confequence,-discretionary powers in the Judges. He obferves, that many nations of Europe at this day carry their code in their pocket, with the fame ease as we our Common Prayer, or Court and City Regifter.' We shall not ftay to enquire whether this is a fact or not; but we fincerely hope that this nation will never have the misfortune to be di rected by fuch a code. Montefquieu fomewhere observes, that the multiplicity of our laws is the price we pay for our liberty; and he very juftly remarks, from the examples of Cæfar and Oliver Cromwell, that fimplifying the law is generally one of the first acts of a tyrant. Where the Sic volo, fic jubeo of a defpotic monarch are fubftituted for written laws, concilene's may

be

be expected; but if all the enormities here charged on the prac tice of the law were admitted, and were only to be redreffed by fuch an abridgment as is here propofed, we do not hesitate to fay, that it would very much diminish the fecurity, and tend to infringe the liberty, of the fubject; we fhould therefore be of opinion that things had better remain as they are.

The author's complaint of the increase of law books, appears to us to have no force. That they have increased, and will further increase, is very certain; but whether they have multiplied in equal proportion to the publications on divinity or phyfic, we greatly doubt. At all events, fuch as are found worthlefs will filently be condemned to oblivion; and those only be deemed neceffary for a lawyer's library which poffefs intrinfic merit. We are under no apprehenfions of being over-burdened with too many valuable books on any subject.

In the course of his work, the author difcuffes-The uncertainty of the law-The Inns of Court-The alarming progrefs of the grandeur of the law-The impropriety of ferious fubjects being treated lightly at the bar-Oaths, and the manner of adminiftering them. What he here fays, is worthy of attention: as are alfo many of his remarks on the old fubject of imprisonment for debt-The ftate of debtors in the United Provinces-Dutch determinations between debtor and creditor-Invectives againft attornies-On the Criminal Law-Further thoughts on a revifal and abridgment of the laws, with proposals for a law catechifm, and a recommendation that fome portions of law fhould be read in our churches, in lieu of chapters from Leviticus and Deute

ronomy.

He concludes with a fet of queries, feveral of which we hall give to our readers. From them, the drift and force of the author's scheme may be collected. They certainly deserve every attention that can be bestowed on them, and will demonftrate that he merits a better fate than that which has condemned him to date his work from the confines of the King's Bench.

QUERIES.

• Whether common law, confidered in its principles as the great bulwark, may not, in feveral points alluded to in the foregoing fections, be reckoned the great bane, of the nation?

Whether a very confiderable part of the dearly-earned property of individuals, acquired by diligence, induftry, ingenuity in various arts and manufactures, and other laudable means of living, is not wafted among lawyers, expended in law-offices, and, for the most part, divided among attornies?

Whether exactions, under colour of justice (for fuch are all enormous fees and ruinous cofts), may not be accounted manifeft injuftice?

• Whether

• Whether abufe, under colour of law, warranted by long pernicious practice, and winked at by thofe alone who have the power of redreffing the people's grievances, is not the worst tyranny in the world?

• Whether any known law in Europe is, in its practice, fo grievous, fo expenfive, fo deftructive, and fo much abused, as the common law of England?

Whether a board, or committee of healing and mitigation, between adverse parties, to be compofed of neighbouring gentlemen, clergymen, fenfible farmers and burghers, might not be appointed in every borough and market-town in the kingdom; a quorum of which might fit for an hour or two every market-day, and endeavour to reconcile and compofe fmall differences and misunderstandings among neighbours; and thereby prevent vexatious and expenfive fuits at law: fo that thofe who met in enmity, might often return to their homes in friendship; to the country's peace, the falvation of families, and utter difappointment of fleecing attornies?

Whether, when creditors are inclined to compromise with their debtors, their attornies do not frequently interfere, and defeat fuch humane intention, upon the meanest confiderations, and the vilest principles; namely, to encrease cofts-well knowing that if the infolvent debtor goes to gaol, the cofts mult fall upon the folvent

client?

• Whether attornies' cofts do not frequently exceed the original debts in many inftances, double-in fome, treble-in others, tour, five, fix times as much?

• Whether bankruptcies are not multiplied by means of the fame order of law-minifters, and other notorious abufes in practice?

• Whether the labouring poor (the most useful part of the community), the improving mechanic, the neceffary handicraft, the ingenious artist, the fober merchant and man of bufinefs, the cultivator and improver of the lands of the wealthy, the foldier of his country, and every other clafs of inhabitants (the lawyer only excepted), have not just cause to curfe the abufive practice of the common law?

Whether it is reasonable to fuppofe, that the lawyers themfelves, confidered as the most powerful and felf-interefted body in this nation, will, of themselves, ever effect, or even wish to effect, a thorough reform of the afore-recited abuses?

Whether Petitions and Remonftrances to the High Court of Parliament, ought not to be preferred against fuch glaring abuses, and grievances of greatest magnitude; not only from counties, cities, and boroughs, but from every parish in the kingdom?

Whether it is not the duty of the people's reprefentatives, immediately to enquire into, and fet about correcting fuch enormities and infringements upon the rights of the people; in oppofition to the united clamour that may be raised against it, by all the profeffional lawyers in the kingdom?'

We are forry that we could not make room for the rest of the author's queries, for they all merit the public attention: though, perhaps, his perfonal fufferings may have made him rather too fevere on the law and lawyers. Re-d.

ART.