Page images
PDF
EPUB

of their powers and duties in collecting and diftributing the aflets, as thefe effects are technically called. These main parts of his divifion, and alfo the fubordinate heads into which they are distributed, have been kep as diftinct as the nature of a law fubject will fairly admit; where it is neceffary, not only to lay down the general rule, but to point out the cafes to which it is inapplicable, and the grounds upon which its various nice and fubile diftinctions depend. Mr. T. has examined the feveral fubjects of his work, in many places at leaft, with a minutenefs fufficient to fatisfy enquiry; and he has, in moft points (we cannot fay in all) unravelled them with a fober patience, which avoids prolixity, and prevents confufion. His language is definite and fimple, and, fo far as we have traced him, ftudiofly felected from those books upon which he relies as authority for the doctrine he lays down. We cannot help wifhing, however, that he had referred his reader lefs fre- .. quently to abridgments and compilations, inftead of the more legitimate authority of decided cafes. However ufeful Conyer's Digeft, and the Abridgments of Bacon and Viner, and Burn's Ecclefiaftical Law may be, the cafes which they abstract ought to be cited and confulted, in preference to their abbreviated accounts. The author is, we are affured, well acquainted with the maxim cited by Lord Coke, when fpeaking of one of the most valuable Abridgments in our law-Melius eft petere fontes quam fectari rivulos.

A further general objection which ftruck us in going through this work, is of greater confequence to the ftudent than it is to the lawyer. The author, in entering upon the several heads of his fubje&t, has given his readers no preliminary scheme of his method; no abstract of the parts into which his subject matter muft be divided. This excellent mode, which keeps the reader's attention alive during the progrefs of difcuffion to the extent and limitation of every rule, is, as far as we recollect, uniformly obferved by Lord Chief Baron Gilbert in all his treatifes, and in moft inftances by Lord Hale. It would have coft Mr. T. little trouble to do this, fince his book is well-arranged; and it would have faved fo much. to his lefs-experienced readers, that we trust he will attend to it in a future edition. Thus, in treating of the appointment of executors and adminiftrators, it would have rendered his work more confpicuous if he had specified, at the commencement, how many forts of executors and administrators there are, and how they become fo. The confideration of executors, de fon tort, which is treated of in chap. i, fect. 2, ought to have been poftponed until after chap. iii, which treats of adminiftrators.

We

We further think that he should have pointed out the diftinction between legal and equitable affets, and where the real eftate is made a fubfidiary fund, &c. ; whereas he first treats of the payment of debts, and discharge of legacies, instead of deferring it to the latter end of his work. It would have added much to the clearness of his expofition, and rendered the diftinctions more eafy of remembrance, if he had difcuffed thefe points under the fame head, and thus brought them into a more direct and immediate contraft with each other than is now done. Indeed the leaft full and fatisfactory part of the book, is that which treats of legacies and the marshalling of affets. Not only many of the nicer diftinétions, but fome of the leading principles of the law upon these fubjects, are wholly omitted. Perhaps the author fhould have recollected, that he ought to have stepped forward with all his power and information on that part of his fubject, where Julge Dudderidge's work was, from the diftant period in which he lived, the most defective. We have been thus particular in our reflections, because we are fatisfied that the gentleman who has produced fo good a book, is capable of making it more perfect. We with again to repeat, that even these imperfections cannot prevent us from mentioning it to the public as a valuable work, on a fubject upon which a good book wis much wan ing.

A few inaccuracies of expreffion occurred to us in perufing the book, which we have pointed out for the author's confideration in his next edition.

P. 80, he fays, "if the deceafed executor hath taken out probate, or the deceased's n xt of kin administration [and afterwards die] then another fpecies of adminiftration, which hath not hitherto been mentioned becomes neceffary, namely, an administration de bonis non, &c." Here the fenfe evidently requires the infertion of fome fuch words as those we have in troduced between brackets.

So alfo, p. 98. Or if the adminiftrator, before the repeal, obtain a judgment for a deb due to the inteftate, he is not entitled to take out execution, but the defendant may avoid the judgment by an audita querela." Both the autho rities in the margin, and the contex, require the infertion of the words, "after the repeal has been obtained."

Further, p. 248. "The defendant, within that period, paid into the childrens' own hands their feveral legacies; the eldest of whom was then fixteen years, the fecond fourteen, and the youngest only nine. On her coming of age, they filed their bill against the executors to be paid their refpective legacies, &c. The relauve her," has no proper antecedent; о

BRIT. CRIT, VOL. XVII, FEB. 1801.

and

and though we may conjecture that it refers to the youngest child, there is nothing in the statement from whence we can properly collect it. Indeed, upon looking into the original report in Atkins, the period at which the bill was filed is not exprefsly mentioned. Thefe, however, are trivial errors, incident to every first edition of a work, and easily corrected by the reader himself.

ART. XV. A Defence of Scripture Doctrines, as understood by the Church of England; in Reply to a Pamphlet, entitled

Scripture the only Guide to Religious Truth"; or, "A Narrative of the Proceedings of a Society of Baptifts in York, in relinquishing the popular Systems of Religion, &c." In a Series of Letters 19 Mr. D. Eaton. By the Rev. John Grabam, K&or of St. Mary, Bishophill Sen. and of St. Saviour, York; and Chaplain to the Right Hon. Eari Bathurst. 8vo. 118 pp. 2s. 6d. Teffeyunan, &c. York. 1800.

THIS THIS tract is prefaced by an addrefs" to the Public", ftating fuccinely and fatisfactorily the principal reasons for the publication of it. Letter I. premifes fome things, before entering upon the propofed defign; 1ft. contending that, as no length of time can fanctify error, nor can any arguments from numbers be conclufive; fo truth is no lefs venerable because it has stood the test of seventeen centuries, nor is the majority always in the wrong. 2dly. The rule is adjusted, by which we are to interpret the Holy Scriptures. Here, the nature of the cafes in which the literal and the figurative sense of Scripture are to be feverally taken, is well explained; and fome good remarks occur concerning the ufe of metaphors. 3dly. The question concerning the inability of man is fet in a proper point of view. Laftly, the peculiar views of the Methodifts, with their "extatic impulfes, enthufiaftic frames," &c. are disclaimed ; and the questions principally to be confidered are declared to be,

"What is the revelation which Jehovah has given concerning himfelf? What is the real character and condition of man? How is he to obtain the favour of God? How to obtain that holiness, without which no man can fee the Lord ?" P. 11.

*This Narrative has not reached us. Rev.

Letter

Letter II. begins by expofing the prejudice and difingenuoufnefs (we might add the impudence, for we do not account it ignorance) of thofe writers, who charge Trinitarians with believing a plurality of Gods. (P. 12.)

It is a ftriking feature, we think, in the controverfies of the prefent times, and not leaft in the theological, that opponents are continually reprefented as holding opinions, and fpeaking a language, which they exprefsly difavow. Thus, in the instance before us, do Unitarians deal with Trinitarians; and thus do rational Chriftians (as they ftyle themselves) treat more humble believers, reprefenting them as difcarding reafon in judging of revelation, when in fact they ftrenuously exercife' reafon in judging whether the revelation be divine, and what is the true fenfe of the things revealed? And, having fatisfied; themselves on these points, they fubject reason to faith, believ-, ing what they find God has declared, because he has declared it,› The Letter then proceeds to fettle the queition,

"Whether, if there fhould be any thing contained in the Scriptures, that favors the idea of an union of the Divine Nature with the human in Jefus Chrift, and of a 'Trinity of Perfons in one God,fuch doctrines are inadmiffible of themselves, as being contrary to reafon and common fenfe," P. 13.

Here the ufual diftinction is taken, betwixt things above and' things contrary to reafon.

"If you afk us, how we can conceive of three intelligent agents fubfifting in one undivided effence? we answer, that we have no diftinct idea upon the fubject; nor does this at all affect the queftion. It is in vain for us to attempt to form adequate ideas of God, either in his attributes, or mode of existence. We can know nothing concerning him, but what he is pleased to reveal to us; and, therefore, to re-, velation we must have recourse, and let that determine this controverted point. If revelation clearly affirm the doctrines of the Divinity of Christ, and a Trinity of Perfons in the Godhead, any diffidence we may be difpofed to feel in receiving them, on account of our inability of fully comprehending them, fhould vanish as the vapour before the fun." P. 16.

The author examines, 2dly, whether the doctrines of an union of the divine and human natures in Jefus Chrift, and of. a Trinity of Perfons in one God, are, or are not, clearly revealed in Holy Scripture? That they are fo is fhown by thefe arguments, that the names and titles of the true God are applied to Chrift"; that "the incommunicable attributes of Jehovah are directly afcribed to him"; and, that "he who fuftains the offices which Chrift sustains must be divine."

་་

"The refult of the whole is this: declarations and exhibitions are given in Scripture of Jefus Chrift, foine of which make him human,

O2

fome

[ocr errors]
[ocr errors]

fome di ine, fome God and Man in one Chrift. Your fyftem argues (with as much propriety as I should, infer that man has no foul after reading a treatile upon anatomy) Chrift is man, therefore he is not God; yet you cannot fhew us, that such a confequence is neceffary in the nature of things, and that therefore be cannot poffibly be God as well as man We acknowledge him as he is revealed, the incarnate God; the Son of the Virgin Mary, and the Son of God; who is before all things, was in the beginning with God, and is God." For this belet we have as fatisfactory evidence as we could wish. I affure my readers, 1 have not produced even a fpecimen of feveral kinds of argument and proof ftill adducible in fupport of this molt important truth. I truft enough is brought forward to fhew, that we are not. worshipping a Creature, inftea of our Creator; that in “ honoring the Son even as we honor the Famer," we afcribe to him only" the glory due to his name:" and that if we venture the falvation of our fouls on the atonement he has made for fin, and the prevailing efficacy' of his in erceffion,se are not fe hikely bring upon ourfeit est wift deftruction," as thofe "who d ny the Lord that bought them." and treat as a worm of earth Him, w in Heaven is thought "worthy of receiving power, and riches, and wisdom, and ftrength, and honor, and glory, and bi-fling." P. 27.

Letter III thows,

ift, Wha was the proper defign and efficacy of the Jewish facrifices. 2ndly, What reiation there is between them and the death of Chrift. 3dly, How we are to interpret the 'mmenfe body of cexts, which appear to us to reprefent the death of Chrift as fulfilling other ends, betides fealing the truth of his miffion, &c." P. 30.

The arguments in this Letter cannot easily be epitomized, and we truft many of our readers will choole to fee them at length in the work itself.

46

[ocr errors]

Letter IV. on Election, is very brief; the author declining to enter argely into it.' We find him affer in, however, and we concur in the allertion, that in the established Church of this land. all Xemes of Calvinifin and Armintanifm are avoided, and in which, therefore, all mod rate men may agree to worthip God on fpirit and in truth." P. 44. The following fentia en is as candid as it is juft:

[ocr errors]

Though I conceive all deliberate feparatifts from the religious establishmen of their e untry, except when compelled by the paramount con mand of a well informed confcience, to be guilty of the fin of fchifm, to leverely condemned in the word of God; yer Kindulge a confident perfuafion, that many Methodifts and Calvin fts not in the bofom of the Church; and many pertins in the Church, fufpetted as they unfortunately are, of blind attachment to their Father's Creed," mybe pretumed to be real Criflians, and led by the fpirit of God, notwithstanding their dilagte-ment with each other in fome things. They may all belong to the real Church of Chrift, and yet differ in

opinion

« PreviousContinue »