Bifarrerien. 8vo. Leipzig. German.

Neither the diction, nor the contents of this book could have been readily gueffed from its title. Its title is indeed a Bifarrerie,' but the only one, we think in the book; for the performance itfelf contains free, fentible, and useful reflexions, conterning the ftate of learning in general; of divinity, law, philofophy, hiftory," polite arts and fciences, antiquities, criticism; the friendship of fcholars; oeconomical literature; and projected reformations of go

vernment.

MONTHLY CATALOGUE.

L A W.

A Differtation on the Folclande and Boclande of the Saxons, &c. 410. Is. Jowed. Bathurft.

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OST of our legal antiquarians have been of opinion, that the feuds were introduced into Britain at the Norman invafion; and though the Saxons were indifputably eftablished here long before the cuftoms of the feudifls in Spain, Italy, and France had been formed into a code by Réceffuinthus, Rotharis, and Charlemagne, in the beginning of the feventh century; ftill the opinion has prevailed, that the Saxons, who had gained footing in this ifland, alone neglected to encourage a political regulation fo well adapted to the neceffity and the genius of the times. This has been the general idea. Others have contented themselves with allowing that the feuds might poffibly have been known to the Saxons; and have then quietly proceeded in the beaten track, without any farther inveftigation.

We must agree with our prefent author, that, without a reference to the Follande and Boclande of the Saxons, it is not poffible to form an adequate idea of the point in question, and with him we must express our furprize that fo little attention has been paid to thefe neceffary terms. Sir Edward Coke, that great oracle of the law, is, like all other oracles, in this instance at least, ambiguous and unfatisfactory. So is not the author of this elegant differtation: his explanation appears to us, who pretend not to be black-letter lawyers, as agreeable to reafon, and strongly supported by authorities. Of this we are convinced, that the numerous references in the notes befpeak much legal information, and that the differtation is written with the pleafing pen of a scholar and a gentleman.

Should any reader be inclined to put a queftion which we had almost asked: How is a modern lawyer interested in the present argument? Of what importance to him is the Saxon or Norman original of the feudal fyftem ?-Let him receive the fame fatisfactory rebuke which we received.

An acquaintance with this celebrated conftitution is effentially neceffary to the illuftration of the rules and maxims of the common law; for if we wish to pervade the fpirit and reafon of alaw, we muft inveftigate the circumftances that attended its

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infti

inftitution, as the character of the legislator, the nature of the government, and the genius of the times.

For example, many of the oppreffive refinements of the feudal law were annihilated by the great charter, many of its wholesome regulations were confirmed; it follows, that without a knowledge of that law, we can never comprehend the efficacy of the conftitutions of Runnymede, or do juftice to our virtuous progenitors who fealed them with their blood.

The learning of our modern tenures appears at first view to be extremely obfcure; we are apt, for instance, to reprobate efcheats pro delicto tenentis, as an iniquitous mode of punishing the innocent of the third and fourth generation; by a reference however to these antiquated cuftoms of the feudifts, the darkness is difpelled, and reason and equity fupply the place of abfurdity and injuftice.

If we attribute to the Normans the introduction of the beneficium or feud, with its neceffary confequences, as well as its oppreffive deductions; we mult regard it as an innovation upon the common law, the arbitrary impofition of a tyrant inimical to the liberties of the fufpected fubjects of his acquired territory.

If we derive the feudal conftitution from the Saxons, it affumes a milder form; we connect it with a government that tended to promote the liberty of the fubject, and to preferve it from infringement; with the names of Alfred and of Edward, and with the laws that have made thofe names venerable.

In an age of continual emigrations and confequently of invafions, the military tenure was well adapted to the fudden emergence of repelling an incurfion; it was for this political benefit, and not for the emolument of their kings, that it was established among the Saxons.

It was under the Norman monarchs, that the feudal infti. tutions were first perverted into inftruments of oppreffion; a fyftem originally fimple in its conftruction, affumed in their hands a much more complicated form; aids were levied upon various pretences, primer feifins and arbitrary reliefs were rigorously exacted, the rights of wardship and marriage were afferted, and at length by the render of efcuage, in lieu of the perfonal fervice, the military fpirit entirely evaporated.' Readings on Statutes, chiefly thofe, affecting the Adminiftration of public fuftice, in criminal and civil Cafes; paffed in the Reign of King George the Second. By John Rayner, the Younger. 4to. gs. Boards. Browne.

This volume contains much law learning. It does credit to the author, cannot fail to inftruct and entertain the ftudent, may even inform the legiflator.

In fome places we meet with expreffions and remarks, which, without any detriment, might have been omitted.

James Daniel the profecutor was an Irishman, a vile profligate fellow, a fort of retainer to the gang.' (P. 193.) He

wha

who flatters himself that he poffeffes a judgment fufficiently liberal and impartial to comment upon the legislature, should not ftamp a witness as infamous, because he happens not to be an Englishman.

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It is obfervable,' we are told, that one Lingard, after the expiration of the term for which he was tranfported for perjury, was drowned, getting on board a veffel to return to England.' There can be nothing obfervable in this, unless drowning be more remarkable on one fide of the Atlantic than on the other. Another note contains fomething even more observable--- The portico belonging to the chapel in Great Queen-ftreet, Lincoln'sInn Fields, was confiderably leffened by virtue of a clause in one of the paving acts; and that belonging to the Pantheon in Oxford-Road, was built by virtue of an exprefs clause in another of thofe acts.' From this remark the reader, it feems, is to infer, that our legiflators are pagans, and pay more respect to the Pantheon, than to the church.

Digefts of the General Highway and Turnpike Laws; with the Schedule of Forms, as directed by Act of Parliament; and Rmarks. Alfo, an Appendix, on the Conftruction and Prefervation of Roads. By John Scott, Eq. 8vo. 6s. Dilly. The author's advertisement will explain the defign of this publication.

The author of the following work having frequent occafion to confult the General Highway Act, he found the matter contained therein diftributed in fuch a manner, as caufed him no fmall degree of perplexity. In one place he met with general pofitive directions, which he depended on as authentic rules of conduct; till he perceived, that in another, they were counteracted by particular exceptions; and, not unfrequently, he faw fubjects, clofely allied in their nature, removed almost as far from each other as the utmost limits of the act would permit. Regard to his convenience prompted him to arrange thefe difjointed claufes in regular order; and a wish to contribute to the ease of others, by rendering the intention of the legislature more intelligible, determined him to communicate what he had done to the public. The favourable reception his effay obtained, he thinks a fufficient apology for reprinting it, with fuch improvements as have been pointed out to his notice. He has now added to it a Digeft of all the General Acts now in force, refpecting turnpikes; with Remarks; and an Appendix on the Conftruction and Prefervation of Roads: and he hopes the whole will prove a ufeful manual to magiftrates, trustees, furveyors, and all other perfons concerned in the matters where

on it treats.'

The work is executed with care and attention, and cannot fail to be useful. The remarks contain many just observations, which merit the notice of the legislature. In the Appendix, the preservation and conftruction of roads are treated

in

in a manner at once intelligible and fcientific. We do not intend to leffen the merit of the author's truly public and patriotic views in this work by obferving, that the remarks might have been made with more elegance and much lefs egotism.---Mr. Scott closes his remarks with thefe words:

. I have now concluded my Remarks; and if any perfon fhould fuppofe that I have treated fome of the fubjects on which I have animadverted in a manner too ludicrous for their nature, I have only this apology to make, that there being fo many fair openings for the indulgence of ridicule, I could not help now and then indulging it by way of enlivening my journey through the Dry Defart. I thought further, in cafe the viciffitudinous difpofition of the legislature fhould foon render part of my text as useless as the last year's labours of Meff. Moore, Partridge, and Gadbury, that the amusement the reader might derive from the pleasantry of my remarks, would make him some fmall compenfation for the purchase of the volume.'

We mean not even to hint that the ridiculous blunders of the legiflature deferved a graver commentary, --We would only obferve that Mr. Scott's performance deferves more praises than what are due to the plafantry of his remarks. Our intention was to have ranked him amongst the few real patriots of the age; it is his own verdict which has placed bim among the ufelefs retailers of pleasantries: they who take the author's word, that the amusement the reader derives from the pleasantry of the remarks will make him fome fmall compenfation for the purchase of the volume,' will find themfelves egregiously miftaken. It is a useful and inftructive digeft---but the pleafantry is the worst part of it.

A Treatise on Agiftment Tithe, in which the Nature, Right, Objets, Mode of Payment, and Me bod of afcertaining the Value of each Species of it, are fully stated and explained. By Thomas Bateman, A. M. 8vo. 2s. 6d. Walter.

Agistment is the feeding or keeping of fheep, or of any kind of cattle; and the tithe of agiftment is the tenth part of the value of the keeping of fuch sheep and cattle as are liable to pay it. This tithe, being the tenth part of the value of the produce of the land, is due, communi jure, as indifputably as the tithe of corn and hay. But it has this peculiar difficulty attending it, that it cannot be taken in kind, as it is confumed by the cattle, which feed upon it. This tithe is of confiderable importance in parishes, where the greatest part of the land is grazed; and therefore Mr. Bateman, who has obtained feveral decifions in his favour, in the Court of Exchequer, has very accurately. ftated and explained the nature of this claim, and the proper mode of payment.

As it is hardly poffible to estimate the value of the tithe of agiftment, by a feparate charge upon every article, fheep, heifers,, fteers, colts, fillies, &c. the author lays down this general rule. In parishes where no more land is ploughed than a fixth

or

or an eighth part of each farm, the tithe of agiftment will amount, upon a reasonable and moderate calculation, to fixpence, or, at any rate, to four-pence per acre, per annum, for all the lands, including the ploughed, contained in the faid parifh for inftance, in any parith in a grazing country contain ing three thousand acres, the tithe of the agiftment of sheep and of barren and unprofitable cattle alone, exclufive of all others annually arifing in fuch parish, will amount at leaft to fifty pounds per annum.'

Near large towns, where the land is exceedingly rich, and lets for, perhaps, three pounds per acre or upwards; and for fuch pastures, stocked chiefly with feeding beafts, not covered by any modus for their agiftment tithe, this tithe will amount to much more per acre than is here ftated. In fome places it is known to amount to two fhillings per acre. But thefe are particular cafes which do not affect the general doctrine here laid down, which relates to large farms or whole parishes in the country, and where the land is not let upon an average for more than fifteen or twenty fhillings per acre.

But what has before been premifed, muft here and always be remembered, that this tithe will amount to fo much per acre, per annum, only in parishes where the land is good and chiefly grazed. In arable countries, or where a great part of the land is ploughed, it will amount to fo little, as, where it has not already been paid, to be scarce worth fetting up any new demand for it, even were the occupiers inclined to pay it without litigation.'

This treatife may be of great ufe to those, who are concerned in difputes, relative to the tithe of agiftment; as the author's obfervations are founded on experience and matter of fact.

Thoughts on Tithes: with a Proposal for a voluntary Exchange of great and Small Tithes, for Land to the Value, to be held as Glebe, within the respective Parishes of England, between the Minifters and People, &c. 8vo. IJ. Flexney.

This writer very justly obferves, that the prefent establishment of tithes is prejudicial to the landed intereft of this kingdom, and very difagreeable and inconvenient to the clergy. He therefore proposes that an act of parliament fhall be obtained for taking fuch a portion of land, in each parish, a fhall be thought a full equivalent, in exchange for the great and fmall tithes of any particular farm; and that fuch land fhall be held as glebe, or the eftate of the church.-It may be objected, that the land thus received in exchange would lie in detached pieces, and confequently be of lefs value. He anfwers: the commiffioners must be fatisfied, that the land thus received is, with refpect to its fituation, equivalent to the tithes; and that afterwards it will be eafy to exchange the glebe fo detached, for land more conveniently fituated for the minifter.

This