up very early in the pursuit, and had the greatest industry, as well as abilities, and in short was a consummate master of the profession. Yet he observes, "it was not the practice of this great judge to give his opinion on a sudden; but after mature consideration, and after hearing all that could be said for and against the point in question."* Judges, who do not avail themselves of the "light and assistance" of former precedents, will be often found differing in opinion. In the course of nine months, and in the trial of little more than one hundred causes, we have observed a difference of opinion on the bench in no less than fifteen instances, In the King's Bench, during a period of thirteen years, every rule, order, judgment, and opinion was unanimous. This gave weight to the decisions, certainty to the law, and infinite satisfaction to the suit ors. How honourable to the law, and we may add, to the judges! They were all men of unquestion able abilities, and some of them, as lawyers, not inferiour to lord Mansfield bimself. But all were "long personally accustomed to the judicial decisions of their predecessors;" all felt themselves bound by them. No one thought him self at liberty to "decide according to his own private judgment, but according to the known laws and cus toms of the land." This extraordinary unanimity affords the high est evidence of their industry as well as candour. Lord Mansfield alluding to it, says, " it never could have happened, if we did not a mong ourselves communicate our sentiments with great freedom; if we did not form our judgments without any prepossession to first thoughts." Too many of our judicial opinions are nothing but first thoughts. If the present volume of reports should be less esteemed in the other states, than those of Mr. Dallas, we think it will not be on account of any superiority of Mr. D. over Mr. W. as a reporter: and we are very unwilling to admit that the judges of Pennsylvania, and especially of the common pleas, (of which court there are some excellent decisions in Dallas) are men of superiour abilities to the judges of our supreme court. If the decisions of the former should be deemed superiour, it must be as cribed to the favourable advantages under which they were made. In that state questions of law are principally decided in Philadelphia, and trials of fact and issues of law are not mixed up together as with us. The mention of Dallas's reports reminds us of a hint to Mr. W. suggested by the perusal of the volume before us. We have ob. served in a few instances expres sions which it would have been well to have avoided, some of them peculiar to New-England. We have no doubt Mr. W. has taken pains on this subject; and we think the work is, in this respect, more correct than any legal work yet published in this state. Instead of summing up to the jury, Mr. W. speaks of charging the jury; for evidence produced by the prosecutor, he speaks of evidence produced by government; for first count in the indictment, in some instances, he says, first charge in the indictment he uses, exceptions made, instead of taken, to a plea; motion reject ed, for motion did not prevail; holding a term of the court, for ses sion; letters of guardianship set aside, for revoked or annulled; passing a decree, for making a decree. We imagine the foregoing expressions will seldom be met with in correct legal writings. But our great objection to this work, as far as Mr. W. is responsible for it, is its bulk. Its size is unreasonably swelled by large type and large margin. By expunging all unneCessary matter, compressing what ought to be compressed, using a type similar to that used in the London edition of Burrow's reports, 2d edition, the work might have been comprized within something less than half its present bulk. It might have been published as the first part of volume first, to the great saving of the purse and time of purchasers and readers. This work, though "sent to its account with all its imperfections on its head," (and they are not a few) we nevertheless recommend to the profession and to our readers. We sincerely hope Mr. W. will persevere. We wish him a double portion of the spirit of patience and labour. He already possesses judgment and accuracy of thinking; and we will venture to assure him, that he will in due time, if he faint not, inherit the reputation of an excellent reporter. Let him always bear in mind, and let it animate him to use double diligence, that the man, who employs his time and talents in transmitting to posterity with accuracy, precision, and true judgment, a history of cases of weight and difficulty, is a real benefactor to the publick: And surely there Lever was a time, when such labours, however they may be appreated, were so much needed, To They cannot do all the good they ought; but they will do much. The legislature must do the rest. We respectfully entreat that honourable body to consider the ju diciary as an object of much the greatest importance of any confided to their care. We believe it is in their power to lay the foundation of a system of jurisprudence, which in a few years may even equal that of Great-Britain. accomplish this, it is indispensable that the trial of facts and law be separated. The former should be in each county, and the latter inr one, or, at most, in two or three stated places. There is, in the nature of things, no more reason why questions of law should be determined in each county, than that the statutes should be framed and enacted in each county. County lines have nothing to do with either; and it is just as proper that the legislature should be ambulatory, as that a court, not of trials, but of law, should be so. In this Let the legislature shorten their own sessions, and apply the saving to the support of the judiciary. The people would be every way gainers. In England the judiciary costs the nation a large sum; but not half so much as it is worth: the legislature...nothing. state the legislature costs the state a large sum, the judiciary...a mere trifle. It is time to abandon the expectation of law from a court of pie-poudre. Let not this institution of reporter be suffered to languish and die, for want of encour agement. Let the legislature strengthen the "things that are ready to perish." We may then look forward through the humiliation and gloom of the present time to the period, when our ju dicature shall lift up its head among the states; and when our judicial decisions shall become the envy of 430 Since the publication of this volume the publick have sustained a great loss in the death of the venerable Judge Strong. His in integrity never was called in question. He was a sound lawyer, and well versed in the most dry and least attractive branch of the profession...the doctrine of pleading. Errata not noted by the author. P. 3 1.95) 160 28 483 4 for "26 February,” read 27 February. 33 14, after" county," strike out the six following words. 89 4, for "constitution" read construction. 42 29, for" prima" read primæ.” 45 20, the sentence following is unintelligible. 58, margin, expunge the word " taken." 87 1.21, for "this meeting" read their meeting. 92 20, for " diversion" r. diverting. 101, margin at bottom and index "decent" for "an action brought against him for the articles," r. for an action brought against him for the price of the articles. 104, margin, for "promisser" r. promissee. 134 1.24, and margin, for "February 27" r. February 26. 135 29, for "June 23, 1801" r. June 23, 1800, (probably.) 152, note, last line, for "March 10,1784," read February 6, 1784. 198, margin," Particular statutes of in solvency" would be more proper than "Statutes of bankruptcy." See V. Acts of Cong. sec. 61 p.81. 201 1.28, for "account" read decree. 202 28, for "plead” read pleaded. 203 804 4, for "administrator" r. executor. 15, and index“ Statutes of Common→ wealth," for "19th June" read 20th June. 807 25, for "no statute" read a statute. 862 34, for " exigences" r. exigencies. $74 20, for "are" read were. 1, for "were" read was. 386 10, the sentence following is in 445 454 460 495 INDEX. "Courts," 1. 5, for “ objection may be ta 7(References)," for « 449" r. 158. It is possible, that the copy of the statutes, &c. cited and referred to, which we have used, may be incorrect for very few of our publications, not even excepting the statutes, have any pretensions to correctness. ART. 14. Sketches of the life of the late Rev. Samuel Hopkins, D. D. pastor of the first congregational church in Newport, written by himself; ins terspersed with marginal notes extracted from his private diary: To which is added, a dialogue, by the same hand, on the nature and extent of true christian submis sion; also, a serious address to professing christians: closed by Dr. Hart's sermon at his funeral. With an introduction to the whole by the editor. Published by Ste phen West, D.D. pastor of the Hart church in Stockbridge. ford, Hudson & Goodwin. 1805. pp. 240. NOTHING but the celebrity of Dr. Hopkins's name would have induced us to give that attention to these memoirs, which is common. ly expected of reviewers; for we Imagine they will be very interesting only to those, who have adopt ed his system of theology, or who are inclined to lay equal stress with him on the variety and frequency of what are called religious experiences. Indeed, the private thoughts and transient feelings of any man, when minutely register ed in a diary, cannot be very intelligible to others, even if they are always understood by the writer; and a reader, unaccustomed to the kind of "exercises," which are here detailed, might imagine, that he had been perusing the journal of a valetudinarian, or listening to the reveries of a love-sick maid. For ourselves we confess, that we think these emotions and drawingsout of the soul have not much to do with the growth of habitual piety, and the fruits of good living. We should not think the more highly of the filial affection of a child for his parents, because he had kept a bulletin of his yearnings and longings for them in their absence, or because in all his letters he had told them how much or how little he loved them. Neither do we think the character of a christian can be so safely estimated from the transcripts of his diary, as from the tenour of his conduct. By these remarks we mean not to depreciate the piety, or undervalue the eminent graces of Dr. Hopkins; for we sincerely believe, that his readers will think more favourably, than he did himself, of the sincerity of his christian faith and conversion. Much less would we interrupt the consolation, which any christian may be disposed to receive from this record of religious doubts and confidences; a record, which will undoubtedly be read by many, whose sentiments and passions, whose Vol. III. No. 3. U hopes and fears are similar to those of Dr. Hopkins. These sketches are introduced by some proper remarks of the editor, written in a much better style, than any other part of the volume. The facts in Dr. Hopkins's life, as in the life of every studious man, are few. We learn, that he was born Sept. 17, 1721, and died Dec. 20, 1803; that he was admitted into Yale college at the age of sixteen; that he resided much in the family of President Edwards, with whom he studied divinity; that he was settled first at Housatonock, 1743; that he was dismissed in 1769, by the advice of a council, on account of the deficiency in his pecuniary support; that he was afterward invited, after much opposition, to settle at Newport; that his enemies were at length reconciled to his sentiments; that he was ordained there April 11, 1770, and continued with this people, through many difficulties and discouragements, till the day of his death. These memoirs contain also some domestick anecdotes, and, what will be more interesting to the theological reader, some account of the controversies, in which the Doctor was engaged, As he has given his name to a large and respectable class of christians in the United States, it may not be uninteresting to our readers to have a regular list of the Doctor's publications. The principal benefit, which he is supposed by his friends to have conferred upon the science of theology, may be stated in the words of the fond editor of this little volume. To Doctor Hopkins are we indebted for a better understanding of the defign and end of what are generally termed the means of grace, and their use and appli cation as they refpelt impenitent, unconverted finners, than was before had. His difcerning mind, in the early part of his publick miniftry, difcovered a manifest inconfiftency in the exhortations and directions given to unbelievers by eminent divines, with the doctrines they publickly taught and ftrenuoutly maintained. Though the doctrine of the total moral depravi ty and corruption of the human heart was clearly taught, and forcibly urged by Calviniftick divines; and, clear evidence produced from the holy fcriptures, that all the exercifes of the natural heart all the doings and fervices of unregenerate finners, were, not only unaccepta ble, but hateful in the fight of God; yet to fuch doings and fervices did the unregenerate find themselves exhorted and urged; and this as the appointed way to obtain the favour of God and converting grace. Though the doctrines were juft and fcriptural, the exhortations naturally operated, rather against, than in favour of the finner's fenfible conviction of their truth. By attending to the Doctor's writings on this important fubject, it foon became obvious, that, as the holy fcriptures require the immediate exercife of godly forrow and repentance, finners of no defcription are ever to be exhorted to any other doings, or fuppofed duties, than fuch as imply love to God and holinefs. No uninfpired divine, before Doctor Hopkins, had ever fet this fubject in a proper and fcriptural light. And the benefit derived to the chriftian cause, from his writings on this interesting and important fubject, is fufficient to compenfate the study and labours of a whole life. P. 8. The first publication of Dr. H. was three sermons, entitled, "Sin through divine interposition, an advantage to the universe, and yet this no excuse for sin or encourage ment to it." 1759. These had a second edition in Boston 1773, and one in Edinburgh about the same time. In the year 1765 was published "An enquiry concerning the fromises of the gospel, Whether any of them are made to the exercises and doings of persons in an unregenerate state? Containing remarks on two sermons, published by Dr. Mayhews of Boston." A reply was made to this book by Mr. Mills, a calvinistick minister in Connecticut. in the old fouth meeting-houfe in Boston In 1768, a fermon which I preached was published at the defire of a number of the hearers. The title of it is, "The importance and neceffity of chriftians confitering Jefus Chrift in the extent of his Hebrews iii. 1. It was compofed with Ligh and glorious character." The text a defign to preach it in Boston, as I expected foon to go there, under a conviction that the doctrine of the divinity of Chrift was much neglected, if not difbelieved by a number of the minifters in Boston. In the fame year I published two fermons, one from Romans vii. 7. the other from John i. 13. containing fixty-five pages in a small comprehenfive type. A fecond edition of these fermons was printed in 1793. fwer to Mr Mills of one hundred eighIn the year 1769 I published my anty four pages, octavo, on a small comprehenfive type. The following was the title of it. "The true fate and character of the unregenerate, fripped of all mifreprefentation and difguif."—I believe this book, with what was afterwards published on the fame fubject, was the means of fpreading and giving much light and conviction, with refpect to the real character and doings of the unregenerate; and has in a great measure put a stop to exhorting the unregenerate to do duty in order to obtain regeneration, which was very common among preachers before that time. P.95. The bold positions, contained in these works of Dr. Hopkins,called class of divines, who chose to be forth remarks from several of that called moderate calvinists. We prefer to relate the progress of the controversy in the unaffected simplicity, and self-complacency of the Doctor's own language. In the latter end of the year 1769, or beginning of 1770, Mr. William Hart of Saybrook published a dialogue, under the following title," Brief remarks on a number of falfe pofitions, and dangerous errours, which are spreading in the |