and, for a time, of great popularity; but Wood had not fufficient practical knowledge of the law to give his book the stamp of authority; and from the completion of Blackstone's Commentaries it has been gradually finking in eftimation, as a faint light is loft and extinguished at the approach of a ftronger. The Author before quoted obferves, that if all the titles, which Blackftone profeffed only to fketch in Elementary Difcourfes, were filled up with exactnefs and perfpicuity, Englishmen might hope at length to poffefs a digeft of their laws, which would leave but little room for controverfy, except in cafes depending in their particular circumftances; a work which every lover of humanity and peace muft anxioufly wifh to fee accomplished.' In the mean time, till a work " jo devoutly to be wifhed," which is to put an end to the doubts and uncertainties of law, and introduce the millennium of jurifprudence, fhall make its appearance, the ftudent muft acknowledge, with gratitude, the friendly affiftance that Blackstone has lent him. He will imbibe no falle notions of law under fo judicious a mafter; nothing which he will be obliged to unlearn in the progrefs of his ftudies; no opinion that his maturer knowledge will compel him to refign. We remember to have feen the juft and manly fentiment of the Grecian philofopher happily applied to the Commentaries on the Laws of England, who wished that young men might be taught, in the early part of life, what might be of use to them as men.'

To refume Mr. Clitherow's narrative-it appears, that Mr. Blackftone's attachment to Oxford commenced early, and continued long. Though he was little known or diftinguished in Weftminster-Hall, he was actively employed, during his occafional refidence at the University, in attending to its interefts, and mingling with its interior concerns:

Being elected into the office of burfar foon after he had taken his degree, and finding the muniments of the coliege in a confufed, irregular tate, he undertook and completed a thorough fearch, and a new arrangement, from whence that fociety reaped great advantage. He found alfo, in the execution of this office, the method of keeping accounts in ufe among the older colleges, though very exact, yet rather tedious and perplexed; he drew up therefore a differta tion on the fubject, in which he entered into the whole theory, and clucidated every intricacy that might occur. A copy of this tract is fill preserved for the benefit of his fucceffors in the burfarship.

But it was not merely the eflates. muniments, and accounts of the college about which he was ufefully employed, during his redence in that fociety. The Codrington Library had for many years remained an unfinished building. He baftened the completion of it, rectified feveral millakes in the architecture, and formed a new arrangement of the books, under their respective claffes.

It has gone through ten editions.

• The

The late duke of Wharton, who had engaged himself by bond to defray the expence of building the apartments between the library and common room, being obliged foon after to leave his country, and dying in very diftreffed circumftances, the difcharge of this obligation was long defpaired of. It happened however in a courfe of years, that his Grace's executors were enabled to pay his debts, when, by the care and activity of Mr. Blackstone, the building was completed, the college thereby enabled to make its demand, and the whole benefaction recovered.

In May 17-9, as a fmall reward for his fervices, and to give him further opportunities of advancing the interests of the college, he was appointed fteward of their manors. And in the fame year, on the resignation of his uncle, Seymour Richmond, Efquire, he was elected recorder of the borough of Wallingford in Berkshire, and received the King's approbation on the 30th of May.

The 26th of April 1750, he commenced doctor of civil law, and thereby became a member of the convocation, which enabled him to extend his views beyond the narrow circle of his own fociety, to the general benefit of the university at large,'

We have extracted these particulars, not because they are very interefting, but because they serve to mark Mr. Blackftone's gradual desertion of Weftminster-Hall, and his predilection for the occupations of the Univerfity, which led him to cultivate the pursuits of literature, and contributed to form him as a skilful and able writer, rather than a powerful fpeaker. This may likewife account for, if it did not occafion, the flow progrefs he made in his profeffion; for we are not to wonder, that he who was engaged in drawing up, a treatife on College accounts, had lefs bufinefs at the Bar, than another who was ftudying the King's Bench practice. The labourer is worthy of his hire. Mr. Blackstone was noticed by the Univerfity, which he courted; and neglected at the Bar, which he appears never to have heartily loved. In the fummer of 1753, we are informed, he took the refolution of wholly retiring to his Fellowship and an academical life, ftill continuing the practice of his profeffion as a provincial counfel!' To this peevifh difguft, at fo early a period of life (for he was then only 30 years of age), we are indebted for his valuable Commentaries: but we cannot help thinking that it betrays no marks of an ardent enthufiaftic fpirit, the ufual concomitant of genius; nor indeed do his occupations. at Oxford above noticed appear to be the pursuits of a very enlarged understanding, but rather of a mind ftudious of minute exactness, than animated with great views.

His Lectures on the Laws of England, however, must have been an early and favourite idea; for in the Michaelmas Term, immediately after he quitted Westminster- Hall, he entered on the province of reading them at Oxford; and we are told, that even at their commencement, fuch were the expectations formed, from the acknowledged abilities of the lecturer, they

were attended by a very crowded clafs of young men of the first families, characters, and, hopes; but it was not till the year 1758 that the Lectures in the form they now bear were read at the University.

'Mr. Viner (fays our biographer) having by his will left not only the copy right of his abridgment, but other property to a confiderable amount, to the Univerfity of Oxford, to found a profefforship, fel. lowships and scholarships of common law, he was on the 20th of October 1758 unanimously elected Vinerian Profeffor; and on the 25th of the fame month read his first introductory lecture; one of the most elegant and admired compofitions which any age or country ever produced; this he published at the request of the vice-chancellor and heads of houses, and afterwards prefixed to the first volume of his Commentaries.

His lectures had now gained fuch univerfal applaufe, that he was requested by a noble perfonage, who fuperintended the education of our prefent fovereign, then prince of Wales, to read them to his Royal Highness; but as he was at that time engaged to a numerous clafs of pupils in the University, he thought he could not, confiftently with that engagement, comply with this requeft, and therefore declined it. But he tranfmitted copies of many of them for the perufal of his Royal Highnefs; who, far from being offended at an excufe grounded on fo honourable a motive, was pleased to order a handfome gratuity to be prefented to him.

And here the editor hopes it will not be thought too prefumptuous in him to fuppofe, that this early knowledge of the character and abilities of the Profeffor laid the first foundation in his Majelly's royal breast, of that good opinion and esteem, which afterwards promo:ed him to the bench; and, when he was no more, occafioned the extenfion of the royal bounty, in the earliest hours of her heavy lofs (unthought of and unfolicited) to his widow, and his numerous family.'

It is doubtful whether the Commentaries were originally intended for the Prefs; but many imperfect and incorrect copies having got abroad, and a pirated edition of them being either published, or preparing for publication in Ireland, the learned Lecturer thought proper to print a correct edition himself, and in November 1765 publifhed the first volume, under the title of Commentaries on the Laws of England, and in the courfe of the four fucceeding years the remaining parts of this admirable work.

It ought to be remarked, that before this period the reputation his Lectures defervedly acquired him had induced him to resume his practice in Weftminster-Hall; and in a courfe, fomewhat inverted from the general progrefs of his profeffion, he, who had quitted the Bar for an academic life, was fent back from the College to the Bar, with a confiderable increase of bufinefs. He was likewife elected into parliament, first for Hindon, and afterwards for Westbury in Wilts; but, as we before inti

mated,

mated, in neither of thefe departments did he equal the expectations his writings had raised.

The part he took in the Middlesex election drew upon him the attack of fome perfons of ability in the fenate, and likewife a fevere animadverfion of one of the keeneft polemical writers in the paper-war of that day. This circumftance probably ftrengthened the averfion he profeffed to parliamentary attendance; where, he faid, amidft the rage of contending parties, a man of moderation muft expect to meet with no quarter from any fide;' and when, on the refignation of Mr. Dunning in 1770, he was offered the place of Solicitor General, he refused that office; but fhortly afterwards, on the death of Mr. Juftice Clive, accepted a feat on the Bench.

As a judge, he was not inactive; but, when not occupied in the duties of his ftation, was generally engaged in fome fcheme of public utility. The act for detached houfes for hard labour for convicts, as a fubftitute for transportation, owed its origin in a great measure to him.

Whether the plan, fays Mr. Clitherow, may or may not fucceed equal to his wishes and expectations, it is yet an indifputable proof of the goodness of his heart, his humanity, and his defire of effecting reformation, by means more beneficial to the criminal and the community, than feverity of punishment. All human fchemes, like all mechanical inventions, generally in practice fall fhort of the theory, and althou h this should fail, yet who can read the following quotation from one of his charges to a county grand jury, relative io that act, without applauding the intention, and reverencing the public virtue of thofe who planned it:

"In these houfes (fays he), the convicts are to be feparately confined during the intervals of their labour, debarred from all incentives to debauchery,-inftructed in religion and morality,and Imagination cannot forced to work for the benefit of the public. figure to itself a fpecies of punishment, in which terror, benevolence, and reformation are more happily blended together. What can be more dreadful to the riotous, the libertine, the voluptuous, the idle delinquent, than folitude, confinement, fobriety, and conftant labour? Yet what can be more truly beneficial? Solitude will awaken reflection; confinement will banih temptation; fobriety will rettore vigour; and labour will beget a habit of honeft induftry: while the aid of a religious inftructor may implant new principles in his heart; and when the date of his punishment is expired, will conduce to both his temporal and eternal welfare: fuch a profpect as this is furely well worth the trouble of an experiment."

It ought not to be admitted, that the last augmentation of the Judges falaries, calculated to make up the deficiencies occafioned by the heavy taxes they are fubject to, and thereby render them more independent, was obtained in a great meafure by his industry and attention.'

This refpectable and valuable man died on the 14th of February 1780, in the 56th year of his age; his conftitution,'

we

we are told, impaired by the ftudious midnight labour of his younger days, and an unhappy averfion he always had to exercife, grew daily worfe; not only the gout, with which he was frequently, though not very feverely, vifited from the year 1759, but a nervous diforder alfo, that frequently brought on a giddinefs or vertigo, added to a corpulency of body, rendered him still more inactive than he used to be; and contributed to the breaking-up of his conftitution at an early period of life.

A few weeks before he died, he was applied to by the trustees for executing the will of the late Sir George Downing, Bart. who had bequeathed a large eftate for the endowing a new College in Cambridge, to give his affiftance in forming a proper plan for this society, and framing a body of ftatutes for its regulation.

This was a tafk to which his abilities were peculiarly adapted; and it may be difficult to determine, whether the application reflected more honour on the trustees, or on him. He had mentioned to-fome of his intimate friends his undertaking this bufinefs with great pleasure, and seemed to promise to himself much fatisfaction in the amusement it would afford him. But, alas! his diforder was then coming on with fuch hafly frides, that before any thing could be done in it, death put an end to this and all his labours: and left the University of Cambridge, as well as that of Oxford, to lament the lofs of Mr. Juftice Blackstone !'

Upon the whole, if Judge Blackftone was not one of the greatest men of the age he lived in, we may pronounce him to have been an ornament to his profeffion, and a benefactor to the community at large. His literary productions will fecure his name to pofterity, and perhaps long furvive the memory of those more fplendid exhibitions of genius and eloquence which raife their poffeffors to the most envied fituations when living, but being configned to uncertain tradition, are foon forgotten, when Voice, and Gefture, and the powerful influence of perfonal accomplishments, exift no more!

We confider the COMMENTARIES as the great work of this Author, and as his fureft and moft folid title to fame. With regard to thefe Reports, as they neither poffefs nor claim any other merit than that of fidelity and accuracy, fo they are neither much better nor much worse than any other Reports. The fecond volume is by far the most valuable, as it contains an unbroken feries of decifions of the Court of Common Pleas during the time the Reporter fat as one of the Judges. If unlearned Readers, feduced by the name of Blackstone, fhould expect to fee any luminous characteristics of his pen in thefe Reports; or, if they fondly hope to find the afperities of law made fmooth, and the jargon of technical language rendered acceffible to unpractifed understandings, they will be totally difappointed. In fact, there are some parts of every art which are not fufceptible of ornament, as there are fome parts of every fcience in which knowledge is paffive and genius is fuperfluous. An ordinary artist

may