Изображения страниц
PDF
EPUB

This volume contains forty-four engravings, on very différent subjects, and possessing very different degrees of merit. Some of them are in a style so opposite to what we have seen from the hand of Hogarth, that, without the most unequivocal testimony, we should have doubted that they were his produce tions.-Heidegger in a Rage is a spirited sketch, of which Mr. Ireland gives the following account:

• The very spirited, though slight sketch from which this plate is 1 copied, was presented to me by a person who considered it as Ho- i garth's, and at the request of several of my subscribers, who are of the same opinion, I have had it engraved, and think it alludes to the following circumstance.

• The late Duke of Montagu invited Heidegger to a tavern, where he was made drunk, and fell asleep; in that situation a mould', of his face was taken; from which was made a mask; and the Duke provided a man of the same stature to appear in a similar dress, and wear it to personate Heidegger, on the night of the next masquerade, when George II. (who was apprized of the plot) was to be present. 1 On his majesty's entrance, Heidegger, as was usual, bade the music play God save the King ; but no sooner was his back turned, than the impostor, assuming his voice and manner, ordered them to play. Charley over the water. On this, Heidegger raged, stamped, swore, and commanded God save the King. The instant he retired, the impostor returned, and ordered them to resume Charley. The musicians thought their master drunk, but durst not disobey. The scene now became truly comic ;-shame! share ! resounded from all parts of the theatre. Heidegger offered to discharge his band, when the impostor advanced, and cried out in a plaintiff tone-"Sire, the whole fault lies with that devil in my likeness.” This was too much; poor Heidegger turned round, grew pale, but could not speak. The duke, seeing it take so serious a turn, ordered the fellow to unmask. Heidegger retired in great wrath, seated himself in an arm chair, furiously commanded his attendants to extinguish the lights, and swore he would never again superintend the masquerade, unless the mask was defaced, and the mould broken in his presence. For this purpose, the man on his knee has a mallet stuck in his girdle.' :

We have little hesitation in giving onr opinion that this was not the work of Hogarth, but of Philip Mercier, who was a great favourite of the late Prince of Wales, and was taken into his service and household. He, according to Lord Orford, " painted portraits and pictures of familiar life in a genteel style of his own, and with a little of Watteau ; in whose manner there is an etching of Mercier and his wife and two of their children; he died in the year 1960, aged seventy-one." We have indeed been informed by an artist, who was intimately acquainted with Mercier, that he, and not Hogarth, was the de. signer of this piece. It may not be improper here to mention, that the life of Mercier has been omitted in the last edition of Pilk

ington's

ington's Dictionary of Painters, in which it ought unquestionably to have been introduced. (See Rev. N. S. vol. xxv. p. 429.)

Mr. Ireland has concluded his volume with an Appendix, containing a catalogue of the artist's productions, with the variations, &c.—which he has rendered interesting by an account of his object and intentions, prefixed to several of them, from Hogarth's MSS. We apprehend, however, that many performances are here attributed to him, which belong to other artists. • We shall now take leave of this work, with observing that Mr. Ireland has introduced much interesting matter; and that the friends and admirers of Hogarth must feel themselves indebted to his liberal exertions in fayour of our highly ingenious and justly celebrated countryman.

S.R.

[ocr errors]

"yan

Art. IX. A Compendious View of the Civil Law, being the Sube

stance of a Course of Lectures read in the University of Dublin, by Arthur Brownie, Esq. S. F.T.C. D. Professor of Civil Law in that University, and Representative in Parliament for the same. To which will be added, a Sketch of the Practice of the Ecclesiastical Courts, with some cases determined therein in Ireland, and some useful Directions for the Clergy. Vol. I. 8vo. pp. 420. 8s. Boards. Dublin, Mercier. London, Butterworth. THE History of the Roman Law, and of the various degrees

of favour with which it has been received in different countries, is a curious and entertaining subject In England, its introduction was attempted by the Bishops, and the Clergy, and was resisted by the Nobility and Laity, who never relinquished their attachment to the common law, When the Ecclesiastics withdrew themselves from the temporal Courts in this country, in consequence of their aversion to the municipal law, which they were unable to supersede by the civil and canon law, they introduced the laws of antient and modern Rome into the spiritual Courts of all denominations; in which, as well as in the High Court of Chancery, and in the Courts of the two Universities, the proceedings are, even nowj.conformable to the course of the civil law. Though it does not possess the force cf authority in the Courts of Westminster-Hall, it is frequently followed, when an express rule of the common law is wanting ; and, when both laws concur, support and explanation have been received from the words of the civil laws. Si. milar, in a great measure, are the nature and extent of its incorporation into the Scotch code; as we lately had occasion to remark, in our review of Mr. Hume's Commentaries * Though the study of these institutions, both on account of their intrinsic * Vide M. Rev. Vol. xxvi. N. S. p. 170.";

merit, and of peculiar circumstances, may have been more favoured and encouraged in former periods of our history than in the present day, we cannot observe any appearances to justify Professor Browne's remark, that the English Forum sometimes itreats the study of the civil law with levity.' To the inference, if the fact were established, we readily assent, when he adás, may its disciples be permitted to say, that it never was despised, but by those who are ignorant of it.

We are informed by the Author, in his preface, that his principal object in publishing these Lectures has certainly been to prove industry, and to shew that he did not wish to hold any office as a sinccure.'-The sentiment does credit to his feelings; and we not only approve the motive, but consider the work, in many particulars, as entitled to praise.--He attributes the disrepute in which this study has been held, to the nature and quality of the treatises on the subject ; and he gives the following short account of them :

• Domat.is, calculated for the meridian of France. Ayliffe's work, tho' learned, is dull and tedious, and stuffed with superfluous matter, delivered in a most confused manner; the beautiful Iketch of Mr. Gibbon is too short, and, like all his writings, presupposes rather than conveys knowledge : Woods's Institute, tho' an excellent work for the student, pursues a method not familiar to the English lawyer. Taylor's Elements, tho' highly respectable, are filled with heterogeneous matter, amidst which the Civil Law seems to be considered but collaterally, insomuch that he has acquired from Gibbon, the character of a learned, spirited, but rambling writer. Lastly, Heineccius, an author powerful in erudition, by a German dress and Sectional form, disgusts the English eye.' . Surely this is speaking in a disrespectful manner of so valuable a writer as Heineccius, whose works on the Roman law have been implicitly followed by Gibbon, and recommended by him as learned and perspicuous.—To the author's censure of Gibbon himself, we do not object; for that portion of his history (vol. 8.p.i. to cxi.) we have frequently read, and never without surprise and regret that his view of so important a subject should be so slight and unsatisfactory. ... It occurred to me, therefore, (says Prof. B.) that a short work in the method and order adopted by Mr. Justice Blackstone, in his Com. inentaries on the Laws of England, as nearly as the spirit of the two laws would possibly allow, might by the familiarity of its order, entice the student of the Common Law, to take at least a cursory and general view of this more ancient code, when the conciseness of the sketch could not possibly encroach on his time. If the text be still uninteresting to him, perhaps some of the notes, as far as they relate to the Statute Law of this kingdom, or contain any new matter, may erigage his attention. I have called it the Substance of Lectures, because the reader must naturally suppose, they were longer when de livered, much having been omitted which was adapted only to aca

demical demical research, and classical inquiry. I am aware that an objection may be started (the very converse of those above mentioned to the prolixity of Civilians) viz, to the brevity of the work. From these deeply versed in the Civil Law, the objection is fair, nor is it supposed that it can be of use to them, except as an abridgment, in adjumentum memoria. But it would come with a bad grace from the idle theorist who has not industry, or the busy practitioner of Common Law, who has not time, to peruse works of greater length, and for such it was principally intended, that he who runs may read. Prolixity would have given little trouble, conciseness gave much. Quotation and indiscriminate transfusion would have swelled the work, with noderate pains; but compression and selection of points really important were attended with considerable labour.', , .,do

The present volume contains twenty Lectures, three of which are introductory, and treat on the utility of the study of the Civil Law; on the comparative merits of the Roman and English Laws; and on the Law of Nations. In these sections we dis cover nothing that is new, and in point of doctrine nothing that is erroneous : but the style is highly objectionable. With such a prototype as Blackstone, who is so remarkable for genuine simplicity and unaffected elegance of composition, how could Professor Browne, in a didactic work, be betrayed into such expressions as these : “ Can the ætherial form of hea. venly virtue be stained by the pollution of man, or its immu. table essence change with the fickle villany of the human heart? Forbid it heaven! Such opinions can never enter these walls : within this sanctuary, refutation were idle.'- Let their doctrines boast a little temporary success or individual eleven tion'. Nor are they merely obeisances to the star of virtue!!

The first Book consists of six Lectures, and discusses the Rights of Persons in the different relations of Husband and Wife, Master and Servant, Father and Son, Guardian and Ward; with a Lecture on Corporations. The second Book, containing eleven Lectures, treats on the Rights of Things, as opposed to the Rights of Persons.-These we have read with considerable pleasure, for they shew a correct and intimate acquaintance with the subject; and, by the mode of subjoining the decisions in our English Courts, an useful and entertaining comparison between the two Codes is established. We have often thought that such a mode might be adopted with advagtage ; and we were strengthened in that opinion by some of Professor Millar's Lectures, in which he contrasted the Laws of Rome with those of other States, in a way that did credit to

[graphic]
[graphic]

** If deeper research be desired, the parts of the Corpus Juris Civilis to be read on cach subject, are mentioned in the respective Lectures ; so that, while conspicuous remarkable portions are selected and abridged, a general course of Civil Law is pointed out.' a mis

talents and various information. The present, however, is
rst publication in which we have observed this practice ;
- hope that Professor Browne will have encouragement
"yerance to complete his plan. .
1 present our readers with the Lecture on the Ori-
erty and Division of Things, because it is the
collection, and because, on a topic of universal

hes a fair specimen of the Author's abilities

of the Civil Law.

Por history din may have been more la

403

s not enter into the mirate and subtle disqui

I origin of property, which have employed the Locke, and Blackstone. As far however as it has sem, it agrees, (in the opinion of Mr. Gibbon) with

Professor, ir deriving it from occupancy. To me it .cher to coincide with Grotius, who deduces it from an im

compact of nations ; for in fact, it speaks of occupation only «8 one of the titles to property arising from natural law, i. c. says Justinian, from the Law of Nations, shewing that he is not speaking of the Law of Nature universally and in the abstract, as it aperater in a state of nature, but only as it becomes a part of the Law of Nations. The language of Justinian in the Institute is this-that all rights to things arise from the Law of Nature, that is the Law of Nations, or from Municipal Law *. Under the first, he reckons occupancy, accession and tradition ; under the latter, prescription, donation, inhe ritance, &c.

* Next to the consideration of property in general, and its origin in the Law of Nature, natural order teaches us, first to treat of the division of things, then of property in them, and lastly of the particular modes of acquiring title to them, a method whick has been pursued by the clear mind of Mr. J. Blackstone, and which I shall endeavour to follow, especially as Justinian here by no means furnishes a clear model for imitation.

• In their division of things, the Roman Jurists are much more minute, accurate and metaphysically exact than ours ; things were, according to them, either in patrimonio, capable of being possessed by

* Accordingly Mr. Blackstone speaks of that rule of the Law of Nations, recognized by the Laws of Rome, Quod nullius est, id ratione naturali occupanti conceditur.'

6 + Justinian in his Institutes is in this respect extremely immethcdical, for in the first chapter of his second book, he begins with the division of things--then proceeds to the titles to them acquisable hy the Law of Nature and Nations, and in the subsequent chapters of the same book returns to division of things, and to quantity of a terest in them, thereby postponing the enumeration of the other mes thods of acquiring property, viz. those by municipal law, and awkwardly separating these titles to property from the former, i, e. frord those arising from the Law of Nature and Nations, by the interpo. sition of the chapten of corporeal and incorporeal things, and of ser: vices, usufruct and usea

s wi.. *** 3 ****

.. .., single

« ПредыдущаяПродолжить »