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And if it please you to hear of my welfare, I am not in good heel of body nor of heart, nor fhall be 'till I hear from you; for there wottys † no creature what pain that I endure, and for to be dead I dare it not difcover.

And my Lady my mother hath laboured the matter to my father full diligently, but the can no more get than ye know of, for the which God knoweth I am full forry. But that if ye love me as I truft verily that ye do, ye will not leave me therefore, for that if ye had not half the livelihood that ye have, for to do the greatest labour that any woman on life might, I could not forfake you

And if ye command me to keep true wherever I go, I wis I will do all my might you to love and never no mo: And if my friends fay, that I de amifs, They fhall not me let fo for to do, Mine heart me bids evermore to love you, Truly over all earthly thing; And if they be never fo wrath, I truff it fhall be better in time coming. No more to you at this time, but the Holy Trinity have you in keeping; and I beleech you that this bill be not feen of none earthly creature fave only yourfelf, &c.

And this letter was indited at Topcroft with full heart, &c. Febry 1476-7 By your own

16 Ed.IV

MARGERY BREWS.

To my right well beloved Coufin John Pafton Efquire be this Letter delivered,

&c.

RIGHT worshipful and well beloved Valentine, in my moft humble wife I recommend me unto you, &c. And heartily I thank you for the Letter which

that ye fend me by John Bickerton, whereby I understand and know, that ye be purposed to come to Topcroft in fhort time, and without any errand or matter, but only to have a conclufion of the matter betwixt my father and you. I would be moft glad of any creature alive, so that the matter might grow to effect. And thereas § ye fay, and (if) ye come and find the matter no more to wards you than ye did afore time, ye would no more put my father and my Lady my mother to no coft nor bufineis for that caufe a good while after, which caufeth iny heart to be full heavy; and if ye come, and the matter take to none effect, then fhould I be much more forry, and full of heavinefs.

that

And as for myself, I have done and understand in the matter that I can or may, as God knoweth ; and I let you plainly understand that my father will no more money part withal in that behalf, but an 100l, and 50 marks , which is right far from the accomplishment of your defire.

Wherefore if that ye could be content with that good and my poor perfon, I would be the merrieft maiden on ground; and if ye think not yourself fo latisfied, or that ye might have much more good; as I understood by you afore; good true and loving Valentine, that ye take no fuch Jabour upon you as to come more for that matter, but let (what) is, pafs, and never more be fpoken of, as I may be your true lover and beadwoman during my life.

No more unto you at this time, but Almighty Jefu preferve you both body

and foul, &c.

THE

By your Valentine

MARGERY BREWS.

LONDON

REVIEW,

AND

LITERARY

JOURNAL.

Quid fit turpe, quid utile, quid dulce, quid non.

A Collection of Tracts relative to the Law of England, from Manufcripts now firft edited by Francis Hargrave, Efq. Barrister at Law. 4to. l. 75. Brooke.

IN

(Concluded from Page 41.)

N our laft Number we laid before the reader an extract from Mr. Hargrave's Preface, where he gave his ideas of the relative fituation of England and Ireland, and the

*Health.

circumstances under which the two countries both ftood, at the time when the late meatures of Independence were brought forward. It would exceeding the + Knows.

Thefe words printed in Italics, though in the original, are, by fome accident, omitted by Mr. Fenn in the modernized Copy. We have therefore restored them. § Whereas,

# 331. 6s. 8d.

bounds

bounds of our Review to extract any more of the learned Editor's obfervations on the fame topic, which are so justly deferving the reader's attention.

The next fubject which engages Mr. Hargrave's attention, is that important article of Prerogative, the power of opening and shutting the ports, and embargoes. He confiders what is faid by Lord Hale in the tract now printed, as well as in an unpublished work of the fame author, which it is hoped he will fome day furnish us with ; and then brings our recollection to the remarkable debate in the Houfe of Lords in 1766, on the embargo then laid upon the exportation of wheat, by the advice of a certain Law Lord, whofe popularity was the reward of his fteady defence of the liberty of the fubject, and of his devoted attachment to a free conftitution.

While the Editor is introducing the reader to Lord Hale's tract upon the Amendment of the Law, he digreffes fhortly upon two objects that have lately become favourite articles of difcuffion, The Reforms of Office, and The Sale of Crown Lands; and from thence to the long-talked-of though never-to-be-expected reform of our laws, which, particularly by the great increase of statutes within thefe laft years, threaten, in his opinion, to exceed the limits to which the memory and capacity of the lawyer's mind must be confined. The Editor's ideas upon this very important object ought to be given in his own words, as they exprefs his fentiments with great fullness and energy.

IT is no more than might be expected from fuch active zeal for public good as lord Hale's, that, notwithstanding the unusual weight of his judicial and profeflional fatigues, and the variety of ftudies to which he was addicted independently of the law, he should be prompted to give fome attention to the reduction and improvement of the laws of his country, and to encourage others in like undertakings. Long before his time, lord Bacon had anxiously laboured to accomplish a work of the fame laudable kind, as appears by several of his printed works: namely, his propofal for amendment of our law, made to the crown whilst he was attorney general; his offer, when under his difgrace and troubles, to affift in compofing a digeft of our laws both common and ftatute; and his remarks on obfcurity, accumulation, and new digefts of law, in his great work Dɛ AUGMENTIS SCIENTIARUM. Thus even in lord Bacon's time the evil from the obfoleteness of various

titles in our common law, and the evil from the increafed bulk of our statutes, were fufficient to ftrike his mind as a ferious one. After the Restoration both evils not only had confiderably increased; but from the great revolution as to the law of real property, which then took place under the statute converting military tenures into focage, and from the increafing frequency of new laws, were likely to be yearly more aggravated. Lord Hale certainly took alarm at this pro pect of growing inconveniences in a venerable and fine ftructure, which from its antiquity was already encumbered with too many useless apartments, and from the nature of our conftitution was particularly open to a fuperabundance of new acceffions. Hence therefore, notwithstanding his apparent jealoufy of the proneness to innovation, for which the age in which he lived had proved itfelf almott characteristic, he convinced himself, that fome remedy was become requifite, to reduce and fimplify our system, as well by lopping off antient redundancies, as by encouraging an orderly digeft and a correct elucidation of all the remaining matter.

The former purpose could not be attained without the fanction of the legislature. Nor could either be effectuated in the best manner, without an union of private labors in the extended vineyard of juridical learning under the foftering encouragement of royal patronage. For where was the fingle individual equal to so vast a design? where could have been found the many qualified by edu cation ftudy and talents for a joint execution, whofe fituation would allow them to make the neceflary facrifice of their time without a profpect of retribution from their country? or how could it be expected, that lawyers, fuch as the great Tribonian and his illuftrious affociates, would defert all private purfuits and all profeffional emoluments for the fake of digefting national laws, without a Juftinian to patronize their toils, and to reward them with fome portion of diftinction and independence? Lord Bacon's difcerument apparently faw the matter in this light; for from the beginning he addressed king James, as if royal countenance was effential to the execution of fuch high plans: nor could lord Hale be ignorant, that in England fuch enterprizes wanted the patronage of an Ed. ward the firft to feed and cherish them. So far as fingle perfons, fo much detached by public employment and important studies and occupation of another kind, could well contribute by the combined exertions of genius and learning, was performed in a very confi derable degree by Bacon, and in a very wonderful one by Hale. Pity it is, that, from their times down to the prefent moment,

the

the body of our law has been fuffered continually and rapidly to increafe, with fcarce any other aids to contract its bulk or preferve its confiftency, than those of occafional private contribution. What would a Bacon or a Hale have faid; what would they have advised; had they lived to have seen our ftatute law not only fweled already into more than tenfold fize beyond that which fo alarmed their apprehenfions, but ftill yearly extending its dimenfions by fuch a ratio, as must feon terminate in a bulk immeafurable by the most induftrious and accomplished of legal understandings? Would two fuch zealous friends to English jurifprudence, far exceeding even the Tribonian and Theophilus of the fchool of Roman law, have been mere fpectators of the most dangerous of all juridical d.feafes? Would they not have generoufly offered their aid, towards forming a plan, for as gradually curing this difeafe of infinite accumulation, as it has been gradually and almost imperceptibly contracted? Would they not, were they now living, have earneftly fupplicated the fovereign, or perhaps the parliament, to fave the country from that ruin, which muft enfue the moment the science of law and the adminiftration of juftice fhall ceafe to be practicable? -There queftions lead the mind into fuch a field of high national topics, that I fear at this time to continue the train of thoughts which momentarily occur to me. To engage in fuch an enterprize, at any time, or under any circumstances, might be extreme rafhnefs in one ill fituate and fparingly endowed as I am. It is an ocean far too boifte. rous for a little shattered bark like mine; and therefore cannot be too foon quitted.

Among the various difquifitions in this learned and interefting Preface, none does more honour to the Editor's head and heart, than his vindication of the character of that great and good inan and magistrate Lord Hale, from the afperfions of the entertaining, but partial, hiftorian and biographer Roger North. That Mr. Hargrave has bestowed his pains on an A Probationary Ode for the Laureatfhip. With Notes Critical and Explanatory

MALIGNITY and Dullness are here

fhooting their arrows againft Genius and Worth. The Gentleman intended to be injured by this feeble attack, and whofe name is impudently placed in the title page, will doubtless treat this Probationary Ode with the neglect it merits; and we should país it without notice, did we

2

object which was highly deferving the zeal of a profeflional man, is evinced by the new teltimony he himself has brought forward. This confifts in a curious paper written by Lord Hale at the time of the Reftoration; where he explains the state of his mind, upon the offer made of advancing him to the Bench of Justice. This paper Mr. Hargrave has printed in a note to his Preface, and is intitled, "Reafons why I defire to be fpared from any Place of public Employment." In the prefent age, when all are so eager for promotion, we cannot refrain from informing the reader, that this confcientious Lawyer begged to decline the cffice of a Judge, because his eftate was fmall, being 500l. per annum, with a debt on it of 1000l. and fix children unprovided for;-thinking that, of all things, it is mott unfcemly for a Judge to be neceffitous. To this he adds many other fcrupulous reafons, that are now not to eafily understood.

Thus far of the Editor's Preface to a work which contains fo much curious and interefting matter, and cannot fail of detaining the attention of every Lawyer. The tract of Lord Hale upon the Cuftoms is particularly interefting at the prefent crifis, when a reform of the old establishment is before Parliament.

Mr. Hargrave's own discourse upon the Rule in Shelly's cafe, is a great acquifition, and will be found a guide to thofe who long wandered in the maze of numerous and contradictory cafes, without ftriking out a principle and clue to direct them. Lord Hale's tract on the Amendment of the Law; the Editor's on the Effect of Sentences in the Ecclefiaftical Courts; and that of Mr. Norburie en the Abutes in the Court of Chan

cery; are particularly deferving attention. It is to be hoped, that this new plan of adding to the prefent ftock of Law Books can be pursued by Mr. Hargrave confiftently with his profeffional engagements,

By George Keate, Efq. Written in 1785. by the Editor. 4to. 2s. Kearfley.

not think it neceffary to inform our readers, that it does not come from the pen which has afforded fo much entertainment in former Probationary Odes, to which indeed this has no refemblance. We fufpect, from fome circumstances, that this defpicable performance is not the malice of a literary aflaffin.

Evidences

Evidences of the Chriftian Religion, briefly and plainly ftated. By James Beattie, L. L. D. F. R. S. E. Profeffor of Moral Philofophy in Marifchal College, Aberdeen, and Member of the Zealand Society of Arts and Sciences, and of the Literary and Philofophical Society of Manchester. 2 vols. 12mo. London. Cadell. Edinburgh. Creech. 1786.

THE author of the performance before us is well known to the literary world. In more than one department he has exerted the powers of his mind, and has earned both profit and fame. As a poet, and particularly in the Minstrel, he will long be a favourite of fuch as are pleafed with rural fimplicity, and the unaffected touches of natural fenfibility. In an age like ours, when we have in a manner forgotten the luxuriancy of Shakfpeare, the fublime of Milton, the vigeur of Dryden, and the moral vein of Pope; in fuch an age a Beattie claims no mean rank at the fhrine of the Mufes. But, not contented with this attractive and agreeable fervice, the author before us entered the lifts as the champion of religion, broke a lance with David Hume, and produced a bulky volume upon the Immutability of Truth. We all remember the ridiculous ftory, fo induftriously propagated by the Profeffor and his confederates, that while the arch Infidel laughed at the impotent efforts of an Adams, a Campbel, a Douglas, and a Price, the name of Beattie ever acted upon him like an electrical fhock, and his vifitors were obliged to be cautioned not to pronounce it in his prefence. Meanwhile, whatever fame the Profeffor's volumes might otherwife acquire him, certain it is they recommended him to the hierarchy of the Church of England, and won for him the patronage of any Lords the Bishops.

The performance before us is the fruit of this patronage, and was brought for ward at the particular delire of Bishop Porteus. It is the production certainly of a man fincerely zealous for the caufe in which he engages, pofieffed of fome share of abilities, matter of himfelf in a life of leifure and retirement, and whofe judgement might be expected to be matured by the errors into which he has fallen, and by a long feries of experience. Such was the writer whofe work we have perufed, and with expectations infpired by circumftances like thefe, did we open his

volumes.

We need not go back, as Dr. Beattie would do, to Cicero and Quintilian to learn, that he who addreffes the public fhould begin by endeavouring to prepof fels his auditors, or his readers, in favour of what he has to fay. In conformity to

VOL. XI.,

this laudable precept, the brief and plain statement before us is opened by an In troduction of eight or ten pages, which feems to have been defigned to answer this purpose. But the world, perhaps, will be of opinion with us, that it has not been fuccessfully answered, when he finds the exordium concluded with a fentiment like this:

"The reader now fees what is aimed at in this little book. If he think my pretenfions too high, or my hopes too fanguine, he will allow, however, that, as the fubject of a free government, I have an undoubted right to publish, whether they be attended to or not, the reafons which have determined me to adhere to that religion wherein I had the happinessto be educated."

This is the true style of John Blunt, the Englishman, and resembles the lau guage of a parfon we once heard preach, who introduced every coarfe and improper fentiment in his fermon with the phrafe, "I don't care who I offend."

We

So much has already been written on the Evidences of the Christian Religion, and every part of the fubject has been illuftrated by men of fo elevated talents, that a perfon who should now undertake to addrefs the world on this topic, ought to be able to treat it in a very mafterly manner, or at leaft to comprife the fubftance of many volumes in a performance of itrength, precifion, and energy. are afraid much of this cannot be faid in favour of the work of Dr. Beattie. It might certainly have the advantage of omitting all thofe plaufible but thin fpun arguments, which have been refuted a thousand times by infidels, and which have been given up by the moit learned defenders of Christianity. A man who ftates thefe over again, however little weight he may profels to afcribe to them, injures the caufe he undertakes to defend. The young mind that perceives many pages of this Liliputian performance to be occupied by arguments, the unfound. nefs of which is hefitatingly confetied, will be apt, from thefe fpecimens, to make a general conclufion to the difadvantage of the book and of the caufe.

That the reader may be able to judge how formidable a Militant is this glave Profetler, we will pretent him with a few

M

fpecimens

fpecimens of his logic. Treating of the prophecies of the Old Testament, he obferves, that "the argument from them cannot fail to make a strong impreffion on every candid and confiderate mind," efpecially when we find our Saviour and his Apoftles, whofe veracity and fupernatural knowledge we can prove by other evidence, appealing to thefe prophecies, and thereby juftifying their doctrine and conduct.' Thus by a mode of reafoning familiar to logicians, and which is ufually called arguing in a circle, the prophecies prove the authenticity of Chriftianity, and the veracity of Chrift proves the authenticity of the prophe

cies.

Having difmiffed the external, our author comes to what has been called the internal evidence of Religion. And here he produces a variety of fpecimens of the excellence of its morality; and excellent it undoubtedly is; though we think this might have remained a secret, notwithstanding the labours of Doctor Beattie. Among thefe fpecimens is the following: "Purity of heart it ftill further recommends by teaching this wonderful doctrine that even the bodies of good men shall at last, in a glorified state, be reunited to their fouls, and made, as that of Adam originally was, immortal."

In his answer to the cavils of unbelievers, our author is particularly fuccessful. He does not, indeed, enter into the greater and more leading ones, which chiefly affect the minds of thinking men; the feeming immoralities that are countenanced in the Old Teftament; and the myfticifm in the application of the prophecies, and the popular errors about diabolical poffeffion, that are adopted by Chrift and his Apoftles. He confines himself, indeed, to those cavils which, it 1:ems, he has heard urged in converfation; and fo admirably does he handle thefe, that we are truly chagrined that he has not gone through the whole catalogue.

It has been objected to Chriftianity, that it delivers us precepts refpecting the amiable and beneficial fentiments of friendship. In the following manner does Dr. Beattie demolish the objection: "To be without friends, when it is owing to no mifconduct of ours, is a very great misfortune indeed; but no rational being ever thought of calling it a fault. All the virtues connected with friendship, all the duties that one friend owes another, are in Scripture enjoined by precept, and fet in the most engaging light by example. Wherein, then, is Scripture deficient

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with refpect to friendship? In this only, that it contains no fuch precept as the following: And thou shalt make choice of a certain perfon, or of certain perfons, because he is, or they are, agreeable to thee; and thou fhalt love him, or them, more than others; and thou shalt, ' moreover, make him, or them, love thee in like manner.' Would not this be charming legiflation? Would it not prove the lawgiver to be profoundly killed in the nature of man, and of human affairs? Yet fuch, in the cafe before us, seems to have been the skill, and fuch the penetration, of the author of Characteristicks.”

The argument againft Chriftianity derived from the number and ability of the unbelievers, creates no greater difficulty to our Profeffor. We are to enquire what character ought to belong to a man who is capable of becoming a Chriftian. "For if it fhall be found, that there are infidels who have not that character, and that infidels in general have it not, their unbelief is a proof of his wifdom and foreknowledge, and may confequently furnish an argument, not against his religion, but for it."

One of the qualifications demanded by Dr. Beattie is truly curious. The laft thing requifite to the study of the New Teftament, is a defire that it may be true. Does the Profeffor really think that a man is difqualified from judging of the evidence in fupport of any propofition by the mere circumftance, that he is unbiaffed and impartial? The Profeffor himfelf, to measure him by a standard of abfolute perfection, is fo far a difhoneft man, as he wishes Christianity to be true previous to examination. The manly adventurer after truth cares for nothing else, and is not to be taken in by the fuperficial and gaudy decorations of falfehood.

The following paffage illuftrates at once the logic of the author, and the candid and philofophical spirit with which he writes. "Can they be thought to have ftudied Chriftianity with humility and candour, who fneer at it like Shafte bury; who laugh at it like Voltaire; or who treat it with contempt and infult, like the cool and infidious Hume, or the proud and prefumptuous Bolingbroke? Had religion been fuited to heads and hearts like thefe, to them I should have left the defence of it; for it would have been a very different thing indeed from what it is. Their rejection of it fupplies, if I mistake not, a pretty trong

argument

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