Basil Montagu - Works

Works

In 1801 he published ‘A Summary of the Law of Set Off, with an Appendix of Cases argued and determined in the Courts of Law and Equity upon that subject,’ London, on an intricate branch of the law; and between 1805 and 1807 compiled ‘A Digest of the Bankrupt Laws, with a Collection of the Cases argued and determined in the Courts of Law and Equity upon that subject,’ London, 4 vols. In 1809 he published ‘An Enquiry respecting the Expediency of Limiting the Creditor's power to refuse a Bankrupt's Certificate,’ London; in 1810 an ‘Enquiry respecting the Mode of Issuing Commissions in Bankruptcy,’ London, a protest against the practice then in vogue of initiating bankruptcy proceedings by means of secret commissions; and in 1811 ‘Enquiries respecting the Administration of Bankrupts' Estates by Assignees,’ London.

He published in 1809 a volume of selections entitled ‘The Opinions of different Authors upon the Punishment of Death,’ London; and in subsequent years a variety of pamphlets on the same topic. In 1813 appeared his ‘Enquiries respecting the Proposed Alteration of the Law of Copyright as it affects Authors and Universities,’ London; in 1815 ‘A Digest of the Law of Partnership, with a Collection of Cases decided in the Courts of Law and Equity,’ London, 2 vols; and in 1816 ‘Enquiries respecting the Insolvent Debtors' Bill, with the Opinions of Dr. Paley, Mr. Burke, and Dr. Johnson upon Imprisonment for Debt,’ London. ‘A Summary of the Law of Lien’ followed, and ‘Suggestions respecting the Improvement of the Bankrupt Laws’ in 1821, London; ‘Some Observations upon the Bill for the Improvement of the Bankrupt Laws’ in 1822, London; ‘A Summary of the Law of Composition with Creditors’ in 1823, London; and ‘A Digest of Pleading in Equity, with Notes of the Cases decided in different Courts of Equity upon that subject,’ in 1824, London, 2 vols.

In 1825 he exposed the delay and expense involved in the existing bankruptcy procedure in ‘Inquiries respecting the Courts of Commissioners of Bankrupts and Lord Chancellor's Court,’ London. In 1826 he edited ‘The Evidence in Bankruptcy before the Chancery Commission, with the Report,’ London; and in 1826–7 published two ‘Letters on the Report of the Chancery Commissioners to the Right Honourable Robert Peel,’ London. He also published in 1827 ‘Observations upon the Act for Consolidating the Bankrupt Laws,’ London; ‘Reform,’ London, 8vo (a tract mainly relating to bankruptcy); and with Francis Gregg ‘A Digest of the Bankrupt Laws as altered by the New Statutes,’ London, 2 vols. ‘Letters on the Bankrupt Laws to Edward Burtenshaw Sugden, Esq.’ (Sugden was later Lord St. Leonards), followed in 1829; and in 1831 ‘The New Bankrupt Court Act, arranged with a copious Index and Observations upon the Erroneous Principle on which it is Founded,’ London, 1831.

In 1837 he published, with Scrope Ayrton, ‘The Law and Practice in Bankruptcy as altered by the New Statutes, Orders, and Decisions,’ London, 2 vols.; 2nd edit. 1844. Montagu also published several series of bankruptcy reports: with John Macarthur, London, 1830, 1832; with Scrope Ayrton, 1834–9, 3 vols.; with Richard Bligh, 1835; with Edward Chitty, 1840; with Edward E. Deacon and John De Gex, 1842–5, 3 vols.

To the Retrospective Review Montagu contributed in 1821 two articles on the Novum Organum of Francis Bacon, whose Works he edited, in 16 vols., between 1825 and 1837. He attempted to rehabilitate Bacon's character as a man. Thomas Babington Macaulay criticised Montagu in a celebrated Essay on Bacon, originally published in the Edinburgh Review for July 1837. In 1841 Montagu began the publication of Letters to the Right Hon. T. B. Macaulay upon the Review of the Life of Lord Bacon; only the first, however, dealing with Bacon's conduct in Peacham's case, appeared. Montagu's edition was effectively superseded by James Spedding's work from 1860; he was assisted in it by Francis Wrangham and William Page Wood, who were responsible for the translations of the Latin treatises.

Montagu also published a volume of Essays, mainly reprints, with ‘An Outline of a Course of Lectures upon the Conduct of the Understanding,’ London, 1824; ‘Thoughts on Laughter,’ London, 1830; ‘Thoughts of Divines and Philosophers,’ London, 1832, (a volume of selections); ‘Lectures delivered at the Mechanics' Institution upon the connexion between Knowledge and Happiness,’ London, 1832; ‘Essays and Selections,’ London, 1837; and ‘Thoughts on the Conduct of the Understanding,’ a fragment of a magnum opus which he had on hand for thirty years, printed for private circulation, probably in 1847.

Montagu published a long series of pamphlets denouncing the death penalty (1811–30), and two on the emancipation of the Jews (1833–4). Other works were:

• ‘Enquiries and Observations respecting the University Library,’ Cambridge, 1805;
• ‘Selections from the Works of Taylor, Hooker, Hall, and Lord Bacon, with an Analysis of the Advancement of Learning,’ London, 1805;
• ‘An Examination of some Observations upon a passage in Dr. Paley's Moral Philosophy on the Punishment of Death,’ London, 1810;
• ‘Some Enquiries into the Effects of Fermented Liquors,’ London, 1814;
• ‘Some Thoughts upon Liberty, and the Rights of Englishmen,’ London, 1819;
• ‘The Private Tutor, or Thoughts upon the Love of Excelling and the Love of Excellence,’ London, 1820;
• ‘A Letter to the Right Hon. Charles, Lord Cottenham, Lord High Chancellor of Great Britain, on the Separation of the Judicial and Political Functions of the Lord Chancellor,’ London, 1836;
• ‘Knowledge, Error, Prejudice, and Reform,’ London, 1836;
• ‘Rules for the Construction of Statutes, Deeds, and Wills,’ London, 1836;
• ‘Adam in Paradise, or a View of Man in his first State,’ London, 1837, (a reprint of Robert South's sermon on Gen. i. 27);
• ‘A Letter addressed to Charles Purton Cooper, Esq., Secretary to the Commissioners on the Public Records upon the Report of the recent Record Committee,’ London, 1837;
• ‘The Law of Parliamentary Elections’ (with W. Johnson Neale), London, 1839;
• ‘The Funerals of the Quakers,’ London, 1840;
• ‘The Law and Practice upon Election Petitions before Committees of the House of Commons,’ London, 1840;
• ‘Three Lectures on the Works of Lord Bacon’ (unknown date).