(Note 8.) PRECIS HISTORIQUE DU DROIT ROMAIN.-The author of this historical summary, M. Dupin, is a French lawyer, who, for nearly the last thirty years, has been advantageously known as a writer on numerous legal subjects. The fourth edition of this little volume appeared in 1822. Those who may desire a translation, will find one in the United States Law Journal and Civilian's Magazine, published at New York, in 1822; but which, we much regret to say, terminated at the close of the first volume. The articles in that journal are written with a great deal of spirit; the topics are well selected; and the volume throughout certainly merited a more extensive patronage than, we presume, it ever received.

(Note 9.) SPENCE'S INQUIRY, &c.-This volume manifests a good deal of research among the most authoritative sources of continental and other jurisprudence, and by a mind, too, perfectly qualified by nature to achieve the task; but to which it is equally obvious, the author came with no very ample fund of previous knowledge, and pursued it with too much haste to insure laudable accuracy. Mr. Spence seems to be one of a comparatively small class of English lawyers, whom the immense researches of the French and German jurists into the Roman, Feudal, and other continental systems of law, stimulated to similar enterprises. We have read his work with much satisfaction; but had occasion to remark a few of those errors, and even contradictions, which almost invariably attend the investigations of those who write, as much with the view of self-instruction as of imparting knowledge to others. Accuracy in such antiquarian legal discussions, as that in which Mr. Spence was engaged, is to be found in those alone who have pursued such studies for a great length of time; and who can quietly permit their manuscripts to remain with them for gradual elaboration, and almost hourly correction. But these

defects are but occasional spots on an extensive surface; for Mr. Spence's volume is unquestionably a very creditable and valuable production; and we have alluded to the presence of errors, and of some conflicts of his own opinions, rather with a view of reminding the reader of the intrinsic difficulty of such subjects, and of the great necessity of long and patient inquiry into them, than of disparaging, in any degree, the meritorious exertions of an author in a field, not only new to him, but at no time much in fashion in his own country. It is, moreover, easier for any one to detect errors than to avoid them.

(Note 10.) BROWN'S VIEWS OF THE CIVIL LAW. This volume contains the substance of a course of lectures, read by the learned author in the University of Dublin, and was first published, with the second volume, on the Law of the Admiralty, in 1798.

Its method is that of Blackstone's Commentaries, as far as the two systems of jurisprudence would admit; and throughout the volume, the student of the Common Law perceives the agreements and discrepancies of the Roman and English laws. The work is strictly elementary; with frequent references, however, to such sources as will enable those disposed to more thorough researches, to pursue them with advantage. A new edition, however, of this work, as also of that on the law of the admiralty, is much needed; for, on both subjects, it must be admitted, that, since Dr. Brown's day, not only great additions have been made to the law and to the sources of knowledge on these subjects, but the general mind has been considerably expanded, and the standard of excellence greatly elevated above what it was at the close of the last century. Even since the second edition of this work, published in 1802, the study of the Civil Law has been immensely improved, by the labours of a class of German and

French jurists, who have prosecuted it with an industry and zeal equalled, perhaps, in no other age; whilst the study of the admiralty law in England, and in the United States, has been cultivated with an ardour, and a depth of research, nearly, if not quite equal, to that of the Roman law on the continent. If Hugo, and Savigny, and Pothier, have added lustre to their names, and to the science which they illustrated; Lord Stowell and Mr. Justice Story have surrounded theirs with a like halo; and the science of maritime and admiralty jurisprudence has been made by them to stand out in equal relief.

It is with pleasure we claim Dr. Brown as our countryman. He was born at Newport, Rhode Island, and was educated, in part, at Harvard University. He subsequently became a Fellow of Trinity College, and was appointed Professor of Civil Law in the University of Dublin, which he also represented in parliament.

(Note 11.) DOMAT'S CIVIL LAW.-This work, entitled, "The Civil Law in its natural order,' was given to the world by its learned author in 1689, in one volume 4to. to which were subsequently added three other volumes. In 1724 an improved edition in two volumes folio, with a supplement, was published by D'Hericourt; and in 1777 M. de Jouy gave a still more valuable edition in folio. In 1721 an English translation was published by Wm. Strahan, LL.D. with remarks on the material differences between the Civil and Common Law. This is the work, the select chapters of which we recommend to the American student. Domat is certainly a learned and scientific writer; but as his work is large, we have designated such parts as are particularly valuable, being about one-fourth of the whole work.

The great improvements of the present day in the science and study of Roman law, have rendered this work of less importance than formerly; but the general student, and more particularly those who do not possess the means of studying this law in the numerous works we have mentioned under the present title, will find Domat's treatise of great value. Indeed, the chapters we have designated, should be read by all, whether they aim at mere elementary knowledge, or a thorough acquaintance with the science. It may be here proper to apprize the student that the title of the work is somewhat calculated to mislead. "The Civil Law in its natural order,' as treated by Domat, is not the natural order of the Roman law, but rather of the Civil Law of France, as far as it is derived from the Roman sources. Domat is the author of two other works, viz: Legum Delectus, and Le Droit Public. He was born at Auvergne in 1625, and died at Paris in 1696.

(Note 12.) POTHIER'S TREATISE, &c.-Were it not inconsistent with the design of this volume, we should delight to dwell not only on the genius, learning, useful labours, but on the moral excellencies of this highly distinguished French civilian: but a brief notice of him is all that we can with propriety allow ourselves, as we are apprehensive the present title will be enlarged to an inconvenient, and disproportionate extent. Perhaps no age or country has produced a writer whose legal works have, in so short a time, been so universally and flatteringly received and admired: to the interest of his topics, he has imparted all the advantages of the most clear and masterly arrangement, and all the profundity and richness of learning, without the semblance of affectation, or of pedantry.

Robert Joseph Pothier was born in January, 1699, at Orleans, of honorable parentage. At a very early age he lost his father,

who left him with but limited resources. He was therefore, compelled to supply the deficiency of time, by unremitted intellectual exertion; and to store in his youthful mind, in a few years nearly all the attainments of a mature age and protracted study. He completed his education at the University of Orleans.

At the age of twenty-one he was admitted a counsellor of the Presidial court of Orleans, from which he not only derived lustre, but had the happiness, by his zeal in its interests, to be eminently serviceable to it, and to reflect on it a new and lasting splendour. The next honour which awaited him was the professorship of law in the University of Orleans, in which he succeeded M. Prévot de la Janés in 1750. His learning, industry, amiable manners, attachment to the society of young men, and above all, his talent for instruction, did not fail to render his lectures highly popular and instructive.

So devoted was he to studious habits, and to extreme frugality of his time, that he practically illustrated lord Bacon's doctrine, that marriage and its usual attendants, are but so many 'impediments to great enterprises, and that the best works, and of greatest merit have proceeded from unmarried or childless men,' for M. Pothier confessed that he had neither courage nor time to marry! His soul appears to have been entirely absorbed by his numerous studies, and by works of the purest benevolence, for which his life was equally remarkable. Having attained the seventy-third year of his age, he died in March 1772, full of honours, and universally lamented.

His numerous works are on the most practical and valuable topics of the law; and, with a few exceptions only, are nearly as useful to American as to French lawyers. Sir William Jones, in his treatise on the Law of Bailments, having occasion to notice the writings of M. Pothier, thus expresses