Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-12-30
spencc's Equitable Jurisdiction of the
COurls of Chamcery.

| SONft~ Ot SntucerN.
The first volume OF this admirable and learned work has
but recently appeared and look ousy for its SEQUEL
which is promised to the public carly year can
not do otherwise than believe has been so hsppy
commenced will be concluded with equal ability. A. how.
the plan adopted by Mr. Spence has rendered the
greater portion Of tho first volume necessarily deren, in
character from what may be anticipated in the second we
may fifty notice much already possess without
waiting for its continuation.
Mr. Warren LAW Studies, p. 24l had spoken of this
"oA on It's announcement IN the haering terms III
Mr. Spenes's professional engagements. said hc should
admit ., his completing, with due accuracy work OF
this elaborate and comprehensive character te!srrns to
the authors prosPeeUs) 'hc will have conferred lasting
service ON his profession. This gcnteans
iV he a'k are undoubtedly great To say nothing
long practical experience he is tho author OF the valuable
lnqny into the O'gin Of the Laws and Political Insti-
uons OF Modern Europe, particularly those of England
such language from man Of such eminent ability 4. Mr.
warren was known to possess, well calculated To cN
cite large expectations We happy cay that the per
torrance has been greater than the promise, and that all
our aniicpauons far surpassed by the
' spence has undertaken 10 declare the powers Of the
Court OF Chanecy It's modes OF procedure aud the prinei
pies on which 1t acts, accompanying this delneation with
an historical account OF It's gradual rise, progress and
adjustment In order fifty introduce his main subject,
ana enable his readers To take wide and
view oi the whole scheme in all It's bearings he has enter
ed upon ms woA by an elaborate CATION the char
acter and growth OF the Laws OF England from The eat.
umes the sources OF her Jurisprudence the origin ct
het several Superior Courts. In performing this atduons
labor he has carefully pointed limits and bounda-
mes OF the jurisdiction OF those Courts all those points
where hey do not into each ether Thus he las given
to US the most perfect and faithful history OF the English
Law especially IN ages which has ever been oIr
ell TO the Legal Profession Reeves IS undoubtedly more
~" and particular IN minute details but the present the
only work 10 which have RECOURSE for satisfactory
aha Philosophical acquaintance with the growth O English
Jurisprudence.
While tracing ms sublee, through the intricate and OBJ
seure mysteries Of the Middle Ages task which he has
accomplished with fidelity and erudiuon-Ar Spence
mas been brought 10 practical cognizancc Of the inpor
ianI truth established by Savguy his remarkable work
via that the Roman Law fell into dcsuetudc and that
50 LAT from this being the II in force throughout
that little appreciated period OF the worlds career and TO-
mains t. THIS day either the subs,raum OF the substance
OF European Law. Mr. sPeuce has, indeed done Tor the
history oi English Jurisprudence exactly waat Savgny did
tor the general history OF Europe. lie has oxumed the
buried fragments Of the Civil Law under the Aueo-Saxon
and Norman dynaues, which have been long concealed
from the oi the leaned and has shown that to the
direct influence OF the Civil Law be attributed much
OF The form doctrine aud spirit Of English Judicaurc-
lie has Illus and excmp;cd in the case OF England
the same vital truth which proved by Savgny We
are surprised to find that Mr. Spence had arrived all his
man conclusions before he acquainted with the pro-
found abors OF his German predecessor.
Sayigny had Indeed seemed to doubt the pos biltv OF
tracing the Roman Law in England satisfactorily during
the Middle Ages. LA eonnaissance du Droit Roman I'VE
quote from the French Translation, ~, So surveea
auss en- Angetere Ia domination Romano mais les ira
ces sout 81 peu nombreuses, qu'oH pa aisenen, s
per- The learning OF Mr.. Spence has however, been
| abundantly sufficient for the difficult task
We are disposed to dwell upon tins portion Of the work
We ere noticing, because can speak with more conf
denoe this topic the presence Of beers than on
matters OF pure Equity We leave it to the able LAWYERS
Of the country commend the calculation Of the doctrines
OF Chaueery, while feel YES entitled 10 sneak with
all becoming modesy, OF Mr. Spence researches INTO the
Permunencc OF the Civil Law in England. We were vre
pared for the perusa the present work by yer, careful
study OF Savgny's History e Roman Law m the Mid
die Ages book rarely met with coun,ry-bu we
will not notice the other portions OF M Spence work be-
yond general commentator, while there ae so many
better qualified than ourselves form and express an opir
ION.
Mr.. spence proves most ooncuslyc.y that the Roman
Law introduced 10y Agreo.a hs predecessors and success
s2Es but particularly by his exe,ons into tie Island
Of EEaia not eTaCcltcd by the occupation Of the An
go-SaxoHs the iacursiOns and temporary authority OF the
Danes the Conquest Of the Nurmans He traces TO this
source the Commercial Law ages-shows how the
relation between lord and vassa sprung from the came
ssuree-and illustrates fully the influence Of Yaca
nus and olhors who revived England the study Of the
Civil Law, upon the common law OF the land To those |
who are anxious 10 be acquainted with results at which
Saygdy arrived and from which he has earned such high
aud deserved reputation, propose no better sabs-
lu,e for his -bE. To those who are y acquain
ed with that work oder lis equally able appen-
dix TO- and confirmation OF his researches To the profess
sonai lawyer recommendation is necessary 10 gain ia
vor Tor production which will e'uc.da,e much which Is
dark IN the history and practice Of the Law and furnish
him with the history and growth Of the Courts IN which he
piacscs and the prime pies which his duty TO cxpoun5
We WI. now leave this iueslmablc work with general
CONTAMINATION, and most hearty concurrence with the Gu
ogy pronounced BY the London Juris trusting less on ae-
count Of It's merits, than the credit Of the Pr5Ces
sion ia Virginia, that lawyers least will not neglect 10
study its page most diligently.
THIS work IS Tor sale by e. r. Fisher