Jenkins, were it compatible with the design of this work. We profess to point to the sources of instruction rather than to give it: and from this we have not often deviated.

This very learned judge has always been esteemed one of the most profound civilians that England ever knew. He was not only a distinguished lawyer, and presided with great ability as chief judge of the admiralty court, but he was pre-eminent as a statesman, and filled with great credit various offices of government. His letters and legal opinions, among which is the argument here recommended, were published in 1724 by W. Wynne in two folio volumes; to which is appended an interesting biography of this great man, Jenkins was born in Glamorganshire, in 1623, and died in 1683.

I (Note 7.) COOPER'S OPINION &c. This admirable opinion of judge Cooper's, in the case of Dempsey, assignee of Brown v. the Insurance Company of Pennsylvania, is perhaps one of the ablest, most comprehensive, and perspicuous arguments that has appeared on that difficult and highly important question, the effect of a sentence of a foreign court of admiralty, as evidence in domestick suits. Both in England and this country, the question has been very frequently agitated, and, not less frequently, variously and confusedly decided,

Judge Cooper, in this opinion, has presented a more luminous and satisfactory view of the subject than any we have ever seen. Judge Brackenridge, of the same state, in the case of Calhoun v. The Insurance Com. of Pennsylvania, 1 Binney, 293, advocated, with much force of reasoning, the doctrine of

the non-conclusiveness of such sentence. In his miscellanies 525, note *, speaking of judge Cooper's opinion, he says "I claim only to be the precursor of judge Cooper on the same side of the question; and this I have a right to claim. But I would recommend every American student to read this opinion of judge Cooper's, not so much for the reasoning and ideas, as for the analysis, and systematick comprehension of the subject. It is a model that deserves to be admired" It was published by A. J. Dallas in 1810 in a small octavo volume of eighty pages, accompanied by an Introduction of twelve pages, highly worthy peru sal.

PARTICULAR SYLLABUS.

TITLE X.

"Sir Matthew Hale set himself to the study of the Roman Law, and, though he liked the way of judicature in England, by juries, much better than that of the Civil Law, where so much was entrusted to the judge, yet he often said that the true grounds and reasons of Law were so well delivered in the Digest, that a man could never understand law as a science so well as by seeking it there; and therefore he lamented much that it was so little studied in England.".....BURNET'S LIFE OF HALE, p. 24.

THE CIVIL OR ROMAN LAW. (Note 1.)

1. Gibbon's concise, but elegant and learned exposition of Roman Jurisprudence. Decl. and Fall. chap. xliv. (Note 2.)

2. Butler's Hora Juridicæ Subsecivæ. 3. Dr. Ellis's Summary of Dr. Taylor's Elements of the Civil Law. (Note 3.) E. 4. Bever's History of the Legal Polity of the Roman State, and of the rise, progress, and extent of the Roman Laws.

5. Ferriere's History of the Roman or Civil Law, translated from the French by John

Beaver; accompanied by Dr. Duck's Treatise of the use and authority of the Civil Law in England. (Note 4.)

6. Schomberg's Elements of the Roman Law. 7. Justinian's Institutes. (Note 5.)

8. Dr. Arthur Brown's View of the Civil Law. [The first volume of that work.]

9. M. Pothier's Treatise on the Law of Obligations, translated from the French by David Evans esq. in two volumes. [The first volume.] (Note 6.)

E. 10. The 17, 18, 19, and 20th books of the Pandects on Consensual Contracts, and the 22d and 23d title of the 6th book of the Code "De Testamentis," are especially worthy the attention of the student. 11. The following select chapters in Strahan's edition of Domat's Civil Law. (Note 7.)

VOLUME FIRST.

Preliminary Book. Title 1. "Of the rules of Law in general." Title 2. "Of Persons," Title 3. "Of Things." From p. 1 to 33.

Part 1st. Book 1st. Title 1. "Of Cove

nants in general" p. 34 to 57. Title 2. "Of the contract of Sale" pa. 57 to 92. Title 3. "Of Exchange" pa. 92 to 94. Title 4. "Of Hiring and letting to hire, and of the several kinds of

Leases," p. 94 to 115. Title 5. "Of the loan of things to be restored in specie, and of a precarious loan," p. 115 to 121. Title 7. "Of a Depositum, and Sequestration," 138 to 148. Title 10. "Of Donations that have their effect in the life time of the donor," p. 183 to 191. Title 15. "Of Proxies, Mandates, and Commission," p. 226 to 236. Title 18. "Of the vices of Covenants," p. 246 to 260. Part 1st. Book 2d. Title 4. "Of those who manage the affairs of others without their knowledge," p. 297 to 302. Title 9. "Of Engagements formed by accidents, p. 329 to 338. Title 10.

"Of that which is done to defraud

creditors," p. 338 to 345.

Part 1st. Book 3d. Title 1. "Of Pawns and Mortgages, and of the privileges of creditors," p. 345 to 384. Title 4. "Of Cautions or Sureties." p. 393 to 407.

Part 1st. Book 4th. Title 1. "Of Payments," p. 500 to 511.

Part 2d. Book 1st. Title 4. "Of parti

tions among co-heirs," p. 632 to 644. Part 2d. Book 2d. Title 4. "Of the col lation of goods," p. 687 to 697.