the attributes of God, that he would have been fubjected to punishment; but what that punishment would have been, or of how long duration, we can never know; though it seems evident that it would not have been death or utter extinction, and that it would have been in just proportion to the degree of his guilt.

The learned prelate, however, having advanced a pofition inconfiftent with his own view of the first covenant of life, might perhaps, to ferve a fimilar purpofe, have advanced the converfe of the pofition, though equally inconfiftent with his view of the fecond: he might have faid, "that obftinate infidelity, every reflecting man fees, partakes fo much of moral guilt, that it muft as inevitably be punished in a future ftate, as the habitual violation of the moral law." This indeed appears to be true; but it is obviously inconfiftent with the doctrine which teaches that Faith in Chrift is the condition, on which immortality is fufpended under the Gofpel; whilst it makes no provision for those who never heard of the Gofpel, but leaves them in the very fame ftate to which all men were reduced by the fall of their firfl parents. The truth is, that mere immortality is reflored, by the death and refurrection of Chrift, to all mankind, without the performance, on their part, of any condition; though whether they thall rife to happiness or to mifery, depends on their fulfilling, through the aid afforded them, the gracious terms of the Gofpel covenant.

But if Faith in Chrift be not the condition on which immortality is fufpended under the Gospel, how, we shall be afked, can it be confidered as the condition xa xv of our refloration to that flate, which we forfeited by the fall of Adam? To this queftion Bifhop Warburton, though he feems not to have had it in his thoughts, has returned an anfwer fo nearly fatisfactory, that it feems furprifing that he was not led by it directly to the truth.

"Let us fuppofe," fays he, that at the publication of the Gofpel, all to whom the glad tidings were offered, on the condition of Faith in Jefus, had been moral or virtuous men and on that account entitled (as natural religion teacheth) to the favour of God, and an abundant reward; is it not felf-evident, that FAITH ALONE, exclufive of the condition of good works, would, in that cafe, have been the very thing which justified, or entitled to life everlasting?"

Had the learned prelate faid,

"Is it not self-evident that FAITH ALONE Would, in that cafe, have been the very thing which juftified, or entitled fuch men to be admitted by baptifm into the Church, where alone any

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man

man can enjoy all the means, which Adam enjoyed in paradife, for becoming meet to be partaker of the inheritance of the faints in light."

His theory would have been confiflent with itself, and with the facred fcriptures; and the account, which he oives of the procedure of the latt tremendous Seffion,"

which the excellent author of the Remarks before us animadverts with feverity, could never have occurred to him. He would in that cafe, however, have made no difcovery in the theory of redemption and juftification; for he would have taught nothing on thofe important topics which had not been taught a thousand times before him, and which muft not be always taught by thofe who believe that the death. introduce into the world by the fall, was utter extinction or the lofs of all confcioufnefs. That our juftification, er acquittal from that fentence, and our refloration to our forfeited inheritance, is wholly owing to the interpofition of Chrill, is a truth fo very obvionfly taught by St. Paul, that he who runs may read it. To that refloration, or redemption from the dominion of death, the Apoftle evidently alludes in moft of thofe paffages*, in which he appears to make Faith the fole condition of juftification to the exclufion of good works; and in fuch paffages he could not do otherwife; for he who claims eternal life, either as the right of his nature, or as a debt due for the merit of his good works, difclaims all interefl in the blood of the Lamb, which, in the Divine decree, was fhed from the foundation of the world, and in effect renounces Chriflianity. But it is obvious, that he who should prefer claims amounting to the renunciation of Chriftianity, could not be admitted into the fate of grace; and therefore the condition xa? Boys of Chriftian juftification in this fenfe of this word, muft of neceflity be that faith in Chrift which relies on the atonement made by his blood, and on nothing elfe, for immortality or eternal life.

*Confult, among many other places, and attentively compare the following; Rom. Chapters IV, V, VI, VIII. 1 Cor. XIV. verfes 12-23. Philip. III. verfes 10, &c. 1 Theff. IV. +4, &c. 2 Tim. 1.9, 10.

ART.

ART. XI. A Treatife upon Wills and Codicils, with an Appendix of the Statutes, and a copious Collection of useful Precedents, with Notes practical and explanatory. By William Roberts, of Lincoln's Inn, Efq. Barrister at Law. 8vo. PP. 720. 19s. Butterworth. 1809.

OF

F all the acts of man's life to which the word laft is applied, the moft important is that of making his laft will. It is by this folemn act that his character will be judged, when he can no longer have the power of vindicating himself. The warmth of his affection, the fincerity of his friendhip, the truth of his profeflions, whether of benevolence, gratitude, public fpirit, or patriotifm, will be, in fome degree eftimated, and the opinions of his friends and acquaintance as to his wiflom or folly, his difcretion or his infanity, will be irrevocably fixed by the contents of that document, which he can neither qualify, explain, nor amend. He who fits down to make his will fhould, therefore, moft anxioufly and feriously confider the effect that every bequest and every omiflion will have on the memory and judgment of thofe, in whofe recollection alone he can, for a fhort time, live on earth; and he who profeffionally undertakes to embody the intentions of a teftator mult ftand without excufe, if, through his negligence or ignorance, thofe intentions fail of their effect; or if the property, which ought to be facredly preferved to complete its original deftination, is diverted into foreign channels, or wafted in contentious litigations.

To protect the property of heirs, whether minor or adult, from the attacks of fraud and forgery, the law has made many useful reftrictions relpecting the making, attefting, and publifhing of wills; and as the tellator cannot be called upon to explain his own meaning, the Courts have been obliged, in conftruing doubtful expreffions, to limit certain words to certain meanings, reftraining a too great laxity of phrafe, and aiding thofe declarations which were too feeble to convey the evident intention of the teftator. But their decifions, in fuch cafes, must be regarded as rules, and not tampered with as fpeculations; and therefore, he who would make a will, capable of infuring its own effect, fhould view with caution every expreffion which may con vey a doubtful meaning, and be well acquainted, not only with the rules which the law requires to be regarded in making

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making wills, but alfo with thofe which regulate property, in general, and particularly real estates.

To affift in the attainment of thefe ufeful ends, Mr. Ro berts has compofed his prefent work. Effays on wills and teftaments, as the moft carelefs reader of law muft well know, were not fcarce before Mr. Roberts took up the fubject; but whoever has perufed or relied on any of those treatifes, and afterward had recourfe to this, will know how to eftimate their obligations to the author,

In the first divifion of the first chapter, he enters with great learning into a hiftory of the progrefs of the law for enabling perfons to make an alienation of property, to take effect after death.

"Thefe alienations," he obferves, can only be the practice of an advanced period in the progrefs of fociety; after the hand that held and maintained the poffeffion is withdrawn, to permit the will of the proprietor to direct the fucceffion, implies a conception of the facredness of property, and a state of order and fecurity, which does not exift in the beginnings of nations. It appears doubtful whether among the Romans, before the introduction of the laws of the twelve tables, or among the Athenians before the legislation of Solon, the direct teftamentary difpofition, even of moveables, was allowed; and among the ancient Germans it appears, that the children fucceeded to the poffeffions of the parent, and that he had no power to alienate them by his will. If he had no children, the steps in the order of inheritance and fucceffion were the patres, patrui, arounculi.

"If the power of difpofing of land by will was exercised by our Anglo Saxon ancestors, it feems much lefs likely that it originated with themselves, than that they adopted it from those laws which the Roman government had established, and left tanding in this country. It appears, however, pretty certain, that this teftamentary power over land did not furvive the Norman conqueft, except in particular cities and boroughs, where,, by particular favour, the Saxon inftitutions were fuffered to breathe it ceafed by the operation of the feudal system of property, which neceffarily excluded all voluntary alienations of poffeffions with which perfonal fervices and duties were infeparably connected. But with refpe&t to moveables, the teftamen tary power feems, in this country, with more or less restraint, to have been exercifeable in a very remote period. The ready

Whether gavelkind lands in Kent were devifable by euftem frems to be a matter in difpute. See the arguments pro ez cox it Rob. Gavel. 235.

mode

Tode of authenticating the property in goods by the poffef fion, and of transferring the poffeffion by manual delivery, and the ufufructuary and revocable quality of terms of years, caufed them at an early period to be confidered as proper fubjects for every kind of alienation. But though teftaments of move ables were permitted by the ancient law of England, according to Glanville and Bracton, yet the power extended only to one third, called the dead man's part; which limitation feemed to prevail in London and York, after it had fallen into difufe in other parts of the kingdom, till at length, by feveral ftatutes, the teftamentary power over goods was thrown generally open *.

"According to the author of the Commentaries, by the ancient common law of the land, and which continued at the time of Magna Charta, a man's goods were to be divided into three parts, of which one went to his heirs, or lineal defcendants; another to his wife; and the third was at his own dispofal or if he died without a wife, he might difpofe of one moiety, and the other went to his children. If he had no chil dren, the wife was entitled to one moiety, and he might bequeath the other; but if he died without wife, or ifiue, the whole was at his own difpofal. The shares of the wife and children were called their reasonable parts, and the writ de rationabili parte bonorum, was given to recover them.

"In the reign of Edward the Third, this right of the wife and children was ftill held to be the common law, though frequently pleaded as the local cuftom of Berks, Devon, and other counties; and Sir Henry Finch lays it down exprefsly to be the general law of the land in the reign of Charles the First. But The law has fince been altered by imperceptible degrees, and the

By the 4th W. and M. c. 2, perfons within the province of York may difpofe by will.of all their perfonal ettate, in as large and ample a manner as within the province of Canterbury; and elsewhere; and the widows and children, and other kindred of fuch teftator, are barred of their claims under the cultom. But the citizens of the cities of York and Chester, who were freemen inhabiting there, being excepted out of this ftatute, the 2d and 3d Anne, c. 5, was made to repeal this exception, and to put them upon the fame footing, in this refpect, as perfons within the province of York. And by the 11th Geo. I. c. 18, the citizens and freemen of the city of London are also enabled to devife and difpofe of their perfonal eftate, in fuch manner as they fhall think fit, except where they enter into any agreement on marriage, or otherwife, that their perfonal property fhall be subject to, or diftributed by the cuftom. In cafes of intellacy, the property becomes fubje&t to, and diftributable according to the cuf год.