biter by Burmannus; Dyonisius Delphini; Pliny by Brotier; of Halicarnassus .by Reiske; Quinctillian, and the writers on Plutarch's Morals by Xylander; husbandry, by Gesner; Petroand Dio Cassius by Reimarus. nius Arbiter by Burmannus; It is needless to mention the Dionysius of Halicarnassus by editions of such authors as are Reiske; Plutarch's Morals by always divided in the same Xylander; and Dio Cassius by manner. Those not divided Reimarus. It is needless to into chapters, as Appian, Stra- mention the editions of such bo, Plutarch's Lives, &c., are authors as are always divided quoted by books and pages.' in the same manner. Those not divided into chapters, as Appian, Strabo, Plutarch's Lives, &c., are quoted by books and pages.'

1833.

1792.

The foregoing striking resemblance between the prefaces of Mr. Tayler and Mr. Adams, holds throughout the greater part of Mr. Tayler's notes, extending even to Mr. Adams' errors, so that one, who is indifferent to the errors of the press, which, we are sorry to say, abound in our author's book, may enjoy a considerable part of Mr. Adams' excellent work in Mr. Tayler's pages.

To use plain language, Mr. Tayler has stolen the greater part of his notes from Mr. Adams; and, with unparalleled effrontery, has usurped the very language of the latter in his preface, in relation to the editions of the classics he had cited. The little that is not stolen from Mr. Adams is made up of worthless scraps picked up passim; as of the punishment of incontinency in a certain manor· - and the poor doggerel, repeated by the unfortunate backslider:

'Riding on a black ram.' &c.;

or of, in a few instances, acknowledged extracts from an Encyclopedia.

Mr. Tayler's descriptio personæ, as given in his title page, is, 'late of Clement's Inn, London, and Solicitor in His Majesty's High Court of Chancery.' How he could have passed his time or, rather, eaten his commons at Clement's Inn, in view of the venerable picture which adorns its walls, and have borne away

1

The portrait of Sir Matthew Hale is one of the ornaments of St. Clement's Inn. This Inn is now an appendage of the Inner Temple. Herbert's Inns of Court, 279.

such slight tokens of legal study or even common literary attainments we are at a loss to conceive. Certainly this interesting seat of legal education can claim but few in the list of its past inmates more memorable- for great blockheads, as great geniuses, are not quickly forgotten-than our author promises to be, even if the attention be turned back to those times, when Saunders pursued there his indefatigable studies, or to those ancient days, when Justice Shallow and Falstaff-glorious Sir John-heard the chimes at midnight in this same Inn.1

We do not feel willing to close this long article without some more serious censure, than any we have bestowed, upon the distinguished judges who have commended this book. No one can appreciate more highly than ourselves that comity and goodness of heart, under the influence of which, undoubtedly, the commendations in question were given; but, while it is the duty of every individual to cultivate these amiable qualities, the higher duty, which is owed to justice and truth, must not be postponed. If these distinguished judges, forgetting for a moment a sterner obligation, yielded to the soft influence of these feelings, we are persuaded that they will be the last to regret that we have exposed Mr. Tayler's work to the profes-sion, and that they will not be offended by the free use which we have ventured to make of their names.

It is a well-known principle of law, acted upon in the everyday business of life, that any representation, false within the knowledge of the speaker, although made without any view to his own advantage, as in the case of the recommendation of a servant, or the like, is actionable, if it be the occasion of damage to the plaintiff. We believe that this is the extent to which this salutary principle has been applied. It is sub

Shallow. I was once of Clement's Inn; where, I think, they will talk of mad Shallow yet.

Silence. You were called- lusty Shallow, then, cousin.

Shallow. By the mass, I was called any thing; and would have done any thing, and roundly too. There was I and little John Doit of Staffordshire and black George Bare and Francis Pickbone and Will Squele, a Cotswold man-you had not four such swing-bucklers in all the inns of court again; and, I may say to you, we knew where the bona-robas were, and had the best of them all at commandment. Ha, cousin Silence, that thou hadst seen that, that this knight and I have seen! Ha, Sir John, said I well?

Falstaff. We have heard the chimes at midnight, master Shallow. Henry IV. (2d Part.) Act 3. Scene 2. 23

VOL. XII.-NO. XXIII

mitted that literary tribunals should take that large portion of jurisdiction over matters of this sort-nam boni judicis est ampliare jurisdictionem - which is unoccupied by the courts of law-to the end, that the too facile and inconsiderate recommendation of a worthless production, though it be not a sufficient ground of action at law, shall not escape without some kind of trial.

INTELLIGENCE AND MISCELLANY. AND

Lord Tenterden The Monthly Magazine for May, 1834, (vol. 18, p. 233,) contains a sketch of the life and character of the late Lord Tenterden, by his friend from boyhood, Sir Egerton Brydges, Bart. The events of his life are few, and our readers have already been made acquainted with them by a sketch in a previous number of this Journal. Sir Egerton has described Lord Tenterden with the unconscious partiality of friendship, and without any of the discrimination of a lawyer. The classical student will be pleased to read the specimen which he gives of the Latin verses of the venerable Chief Justice, written in his latter years. Lord T. writes to his friend in the following pleasant manner: 'I must tell you how this fancy of recommencing to humor Latin metres, after a cessation of more than thirty years, began. Brougham procured for me from Lord Granville a copy of some poems printed by him under the title of Nuga, chiefly his own, one or two, I believe, of Lord Wellesley, written long ago; and a piece of very - good Greek humor by Lord Holland. John Williams, of the Northern Circuit, now the Queen's Attorney General,' who is an admirable scholar, sent me four or five Greek epigrams of his own. I had a mind to thank each of them, and found I could do so with great ease to myself in the Hendeca-syllables. This led me to compose two trifles in the same metre on two favorite flowers, and afterwards some others (now I think twelve in all) in the different Horatian metres; and one an Ovidian epistle, of which the subject is the "Forget Me Not." One of the earliest is an Ode on the Conservatory, in the Alcaick metre, of which the last stanza contains the true cause and the excuse of the whole, and this I will now transcribe.

Sit fabulosis fas mihi cantibus
Lenire curas; sit mihi floribus,
Mulcere me fessum, senemque,
Carpere quos juvenis solebam.'

1 Mr. Williams was lately Baron Williams of the Exchequer; and is now a Justice of the King's Bench.

Manuscripts of Sir Edward Coke. In Mr. Henry Roscoe's Life of his father, William Roscoe, is an agreeable account of a visit made by the latter to Holkham, the seat of the distinguished Farmer Coke. Mr. Roscoe spent much time in examining the library there. Among many other things of extreme rarity and value, which he was delighted to find, were several unpublished manuscripts of Sir Edward Coke. Life of Roscoe, vol. 2d, p. 65.

Opening of the Court of Common Pleas. The Common Pleas has been thrown open, by royal warrant, to the profession at large, without saving or reservation of any sort, except so far as relates to the rank of the present serjeants, who are to rank, according to their seniority, next after the junior of the present king's counsel, Mr. Balguy. Virtually, therefore, they are all elevated to the rank of king's counsel by way of compensation for their privileges. This measure, though certainly indispensable in the existing state of business in the courts, appears to have been rather precipitately decided upon. It is said that a plan for a partial surrender of the monopoly had been sent to the serjeants, and was actually under consideration when the royal warrant was sent down. The court is opened as from Trinity Term, but it seems that the serjeants take rank as silk gownsmen immediately; at least, within an hour after the reading of the warrant, a member of their body was admitted to a seat within the bar of the Exchequer. Lond. Law Mag. for May.

Inns of Court. The Common Law Commissioners 'have made their sixth Report. It relates to the regulations and practice of the four Inns of Court respecting the admission of persons to be students, or to be called to the bar. A clear and concise statement is made of the privileges of the Inns and of the regulations and practice abovementioned. The most important change which it recommends is that the societies be enjoined to allow, and the judges of the courts at Westminster to receive, an appeal from any act of the Benchers of any Inn of Court, rejecting an application