Abbildungen der Seite
PDF
EPUB

437

Legal Biography. the fifth head, and describes it as “ the in harmony with those of the present age, service of the plough, aptly placed next and shew that although he was rigid in the knight's service, for that the ploughman discharge of his duty, he possessed much maketh the best soldier as shall appeare in humanity of disposition: his proper place. Sixthly,“frankalmoigne," " Wofull experience has shewn the inservice due to Almighty God, placed to-lefficacy of frequent and often punishment wards the middest for two causes; first, for to

for to prevent offences. It is a certain rule, that the middest is the most worthy and that those offences are often committed most honourable place; and secondly, be

that are often punished: for the frequency cause the first five preceding tenures and

of the punishment makes it so familiar as it services, and the other six subsequent, must

is not feared.” “What a lamentable case all become prosperous and useful, by reason

it is to see so many Christian men fand of God's true religion and service; for nun- I women strangled on that cursed tree of the quam prospere succedunt res humanæ, ubi

gallows; insomuch as if in a large field a negliguntur divinæ. Wherein I would have

man might see together all the Christians our student follow the advice given in these that, but in one year, throughout England. ancient verses for the good spending of the come to that untimely and ignominious day:

death, if there were any spark of grace or Sex horas somno totidem des legibus æquis, charity in him, it would make his heart to

Quatuor orabis, des epulisque duas; bleed for pity and compassion." 8 Inst. Quod superest ultrà sacris largire camænis.

(co, Litt. 2082.) We have now to notice the principal Our author does not appear, however, to features in the character of Sir Edward have been conscious that he was chargeable Coke, as a judge, an author, and a man. with any faults of composition. On the Among the principal moral qualities of a contrary, he says :-“ In these and the rest Judge are integrity and firmness. These of my Reports, I have (as much as I could) were possessed by Sir Edward in a degree avoided obscurity, ambiguity, jeopardy, of eminence never surpassed, and rarely novelty, and prolixity. 1. Obscurity; for equalled. His integrity is the more conthat it is like unto darkness, wherein à man spicuous when we consider some other elefor want of light can hardly, with all his ments in his character. He was naturally industry, discern any way. 2. Ambiguity; ambitious. Of an ancient and honourable where there is light enough, but there be family, and possessed of ample patrimonial so many winding and intricate ways, as a wealth, it is obvious that he entered the laman for want of direction shall be much borious profession of the law as a means of perplexed and entangled to find out the attaining distinction. Yet, great as was his right way. 3. Jeopardy; either in pub- ambition, his sense of the duty of the high lishing of any thing that might rather stir station he attained, and his love of indepenup suits and controversies in this trouble-dence, were still more eminent. Our narsome world than establish quietness and rative has shewn that he not only sacrificed repose between man and man; (for a Com- his judicial honors, but his political rank as mentary should not be like unto the winterly a Member of Parliament and a Privy Coun. sun, that raiseth up greater and thicker cillor, in maintaining his uprightness. In mists and fogs than it is able to disperse ;) those times also, the merit of his conduct is or in bringing the reader by any means inhanced by the personal danger he incur. into the least question of peril or danger at red. It is evident by his committal to pri: all. 4. Novelty; for I have ever holden son, by the attempt to banish him, and by all new or private interpretations or opi. the seizure of his papers, that if any charge nions, which have no warrant or ground out I could have been brought against him, and. of the reason or rule of our books or former perverted to one of a treasonable nature, his precedents, to be dangerous and not worthy enemies would probably have succeeded with of any observation, for periculosum existimo the offended sovereign in terminating his quod bonorum virorum non comprobatur life. It may be said, indeed, that his inexemplo. 5. Prolixity; for a report ought dependence was partly, ascribable to his to be no longer than the matter requireth ; I pride of character; and among the many and as languor prolixus gravat medicum, motives which are the source of human conita relatio prolixa gravat lectorem."-Pre-duct, this feeling may have been one. That face 7th Rep.

he was of an overbearing temper, appears

by the State Trials, and especially in the His opinions on capital punishment are case of Sir Walter Raleigh. In defence or

438

Legal Biography.- Review : Wright on Friendly Societies. excuse of this part of his character, we can of his legal attainments. Even his great ri. only refer to the coarecness of those times val Bacon acknowledged the eminent sercompared with the present, and bear in vices he had rendered to the jurisprudence of mind that the age has scarcely gone by his country. Some of his writings have when the brow-beating of some eminent been in recent times edited by the most cross-examiners was as much dreaded as learned men of the age, and passed through were the attacks of the Attorney-General large and numerous editions—a satisfactory Coke. It appears, indeed, to have required evidence of their enduring excellence. all the energy and determination of purpose We close our account with some particufor which he was remarkable, to enable him lars of his general character, his habits, and to stand almost alone among his brethren of manners. Nature had bestowed on him s the Bench, in resisting the illegal demands comely person and commanding appearance. and corrupt influence of the Crown. His taste, or it may be, some grains of va

It is not our direct object to notice more nity, induced him to improve these advanthan his character in relation to the Law; tages by some shew of splendour in his apbut it will further illustrate the inflexibility parel. He defended himself, if defence were of his independence, to observe the eminent needed, by saying, “ that the exterior neatcharacter which, even in an arbitrary age, ness of the body ought to be emblematic of he acquired as a patriot. On the several the inward purity of the soul.” He regu. occasions on which he was returned to Par- larly apportioned every hour of his time. liament, he constantly distinguished himself, He retired to rest at nine, and rose at three, as we have seen, in opposing the unconsti- and was extremely rigid in adhering to the tutional powers claimed by the Crown, in rules he had prescribed. He had reason to upholding the authority of Parliament, and boast that he obtained all his honors without the just rights of the people. His conduct bribery or solicitation; and he often renderthroughout his public life as a Senator, en ed thanks to God that he had never given titled him to the commendation bestowed his body to physic, his heart to cruelty, nor by Mr. Hallam, that “he became, not with his hand to corruption. He was a man of out some honourable inconsistency of doc- great industry, and though attached to a trine as well as practice, the strenuous as certain degree of external splendour, was serter of liberty, in the principles of those not deficient in frugality. His original ancient laws which no one was admitted to patrimony, with the advantages derived know so well as himself.”

by two marriages, and his professional gains, The intellectual fitness of Lord Coke, as enabled him to make ample provision for a Judge, remains undisputed. He possessed a large family of twelve children. all the learning and practical knowledge re- It appears that he abstained from joining quisite for the station when he was raised to in the frequent festivities which prevailed at the Bench, and he continued, as his works the Halls of the Inns of Court, and gave amply testify, to add to his stores, and himself up almost entirely to the study and improve and methodize them. It has practice of the Law, and the discharge of his been truly said, that Coke was inferior to public duties. The only other object which Bacon in the general scope of mind, and attracted his attention was Divinity, to which especially in philosophic qualities; but we he devoted a considerable portion of his think it is incorrect to say that Coke had time. He was remarkable for his piety, and little or no power of generalizing, or capa- 1 expired, exclaiming, “ Thy kingdom come! city of comprehensive reasoning; and it | Thy will be done ! was certainly requisite that he should possess no inconsiderable powers of arranging and combining intricate and extensive materials, not only in the composition of his works, but in preparing the judgments of

REVIEW. the Courts over which he successively presided.

A Treatise on the Internal Regulations of On the merit of the Works of Coke, we Friendly Societies, shewing the various need not much enlarge ; and, indeed, in the existing Evils and Practical Remedies, course of our previous notice of his life, and and expounding the Doctrine of Restitr. the detail of his writings, with the remarks tion: and a Code of Rules, with Forms on his judicial character, we have antici for the use of Magistrates, in Questions pated this part of our subject. His works relative to such Societies; in which is show the extent, the variety, and soundness given, all the material Cases decided in Review : Wright on Friendly Societies.- Abstracts of Recent Statutcs. 439 Law and Equity. By James Wright. | Beaumont v. Meredith, Ves. & B. 180; Ex To which is added, the New Act, 10 Geo. 4. I parte Friendly Society, 10 Ves. 187; Cartc. 56, and an Appeal to Lord John Rus- | ridge v. Griffith, 1 B. & Ald. 57; Sharp v. sell, M. P., on the Present State of the Warren, 6 Price, 13). This chapter also Law relating to Friendly Societies. Se treats of costs on proceedings before magis

cond Edition. Saunders & Benning. trates, and the mode of pleading. It also Tuis book treats of the Practice and Pro

discusses the subject of full and half-pay,

and points out some objectionable principles ceedings at Law by and against Friendly in

any in Friendly Societies, &c.; and notices the Societies, and points out the means of obtaining redress for injuries.

propriety of appeals to the King's Bench.. It also con

The appendices contain the code of rules tains a collection of forms of affidavits, me

and precedents. morials and other documents for inrolling the rules of such societies, and giving them

ch societies, and giving them. We have thus given an analysis of the legal effect. It points out, likewise, the

vise, the contents of the volume before us; and have manner of choosing trustees, and making) willingly done so, in order to promote the investments in the National Debt Office and obie

objects of the author, which appear to be in Savings Banks.

praiseworthy. The subject is one affecting It is also designed to assist the Magis

a vēry large part of the community; for in trates at Sessions in determining the legality 1815. according to the returns made to of the rules, and administering justice be- Parliament, there were 9,672 societies, contween the members of these societieg.

sisting of nearly one million of members. With these objects in view, the author | The author has diligently collected the has given the Cases decided both in Courts

materials requisite both for a knowledge of of Law and Equity; and in many instances the law and its amendment, and we rcthey are fully quoted, so as to furnish the commend the book as a useful manual on reader with all the information he can re- the subject. quire,

Such is the general scope of the work, and the details are briefly as follow :

The first chapter is devoted to the original design and tendency of Friendly Societies. ABSTRACT OF RECENT STATUTES.

The second treats of the Legal Principles which should be adopted by Friendly Socie

TURNPIKE ROADS RETURNS. ties, and discusses the doctrine of Restitu

3 & 4 W. 4, c. 80. tion. The following subjects are also con

This act passed on the 28th August, 1833, sidered in this part of the work:

the work : The and is intituled “ An Act requiring the Annual

The limited time for sick allowances; the time Statements of Trustees or l'ommissioners of and manner of superannuating members ; | Turnpike Roads to be transmitted to the Sethe allowances to the representatives of de- cretary of State, and afterwards laid before ceased members, and to members on the Parliament.” decease of their wives; the allowance to! It recites 3 G. 4, c. 126, and 4 G. 4, c. 95, members reduced to the workhouse, acci

and enacts as follows:

1. The clerks of trustees or commissioners dents, and public hospitals. This chapter shall within thirty days from the passing of this also includes the choice of officers, the

| act transmit to one of his Majesty's principal semanagement of the societies' affairs, general | cretaries of state copies of all annual statements meetings, &c.

already sent by them to the clerks of the peace, The third concerns the moral principles and transmit copies of all such general annual of Friendly Societies.

statements for any future year or years diThe fourth relates to inrolling new rules,

rected (by the former acts) to be transmitted and rescinding and amending old ones.

to the clerks of the peace within thirty days

after the same shall have been approved and The fifth treats of proceedings at law by signed; and if any such clerk to the trustees or against the societies' officers and mem- lor commissioners shall refuse or neglect to bers, expulsion, remedies and expenses of transmit such copies within the time prescribed, litigation.

| he shall for every offence forfeit any sum not Sixthly, the evils of the present state of exceeding 101. nor less than 5l., at the disthe Law, and suggestions for improvement,

| cretion of any Justice of the Peace.

2. After the expiration of the present year including the cases decided,viz. The King v. the trustees and commissioners of every turnJustices of Staffordshire, 12East, 280; Batty pike road shall hold their general annual v. Townrow, 4 Campb. 5; Ex parte Norrish, meeting on or before the 25th March in every Jacob, 162; Wyberg v, Ainley, Clel. 699 ; future year.

2 F4

440

Abstract of Recent Statutes.-- List of Local and Personal Acts, made public.

3. The annual statement of the debts, re- produce all books of account, plans, maps, venues, and expenditure of every turnpike papers, documents, and writings in their postrust so as aforesaid required by the said re- session respectively, and shall permit any percited act of the third year of the reign of his son appointed by such Secretary of State for said late Majesty, and also by this act, to be the time being to inspect, examine, and take made out by the clerk and surveyor to the copies or extracts from the same or any or trustees or commissioners holding such ge- either of them; and if any such surveyor, neral annual meeting, and submitted to the treasurer, clerk, or other officer shall refuse or trustees or commissioners then assembled, neglect to attend any such summons, or refuse shall, for the year 1834, be made out from the or neglect to give a full and satisfactory andate of the last annual statement of the year swer to any question which he shall be by 1833, until the 31st of December, 1833, ac- such Secretary of State for the time being cording to the forın contained in schedule (A.) required to answer, or shall refuse or neglect annexed to this act; and that in all future to produce any book of account, plan, map, years such annual statements shall be made paper, document, or writing in his possession out of the debts, revenues, and expenditures relating to the road as to which he shall be received or incurred on account of the trust employed, every person so offending shall for for which the meeting shall be held between every such offence forfeit any sum not exthe 1st of January and 31st of December, of ceeding 201. nor less than 51., at the discretion the year preceding the year in which such of any Justice or Justices of the Peace before meeting shall be so held.

| whom complaint of such offence shall be made. 4. The several clerks to the said trustees or 7. So soon as the trustees of any turnpike commissioners shall cause to be prepared and road shall have entered into a resolution to laid before such general annual meetings of apply to Parliament for the continuation of the trustees and commissioners respectively, the term and powers of the act under which estimates, made out in the form contained in such turnpike road is regulated, or for the the schedule (B.) to this act annexed, of the alteration or enlargement of any of those powprobable expenditure of their respective trusts ers, or for an increase of the tolls to be levied for the current year, from the 1st of January on such turnpike road, the clerk of the said preceding such meeting to the 31st of De- trustees is hereby required immediately to cember following; and if any such clerk shall transmit a copy of such resolution to one of refuse or neglect to prepare and lay before his Majesty's principal Secretaries of State for such general annual meeting such estimate as the time being, together with a copy of any aforesaid, every such clerk so offending shall special clauses which the trustees may wish to for every such offence forfeit any sum not be inserted in any new act respecting such exceeding 101., nor less than 51., at the discre- turnpike road, and also a statement of the intion of any Justice or Justices of the Peacecreased tolls intended to be levied thereon. before whóm complaint of such offence shall 8. The penalties hereby imposed shall be be made.

recovered and applied in the same manner as 5. Such Secretary of State for the time penalties imposed by the said recited act of being shall yearly cause such annual state the third year of his late Majesty, and the ments so transmitted to him to be revised and several clauses and provisions therein conabstracted, and shall cause such abstracts to be tained respecting the recovery and application laid before both houses of Parliament, together of penalties shall be in force for that purpose with any observations he may think proper as if the same were herein specially re-enacted with respect to the state, condition, and repair and contained. of the roads or any of them, or with respect 9. This act may be altered, amended, or to the debts, revenues, expenditure, and ma- repealed by any act or acts to be passed in this nagement of any of such turnpike trusts. present session of Parliament.

6. To enable such Secretary of State for the time being to elucidate such annual statements, and to make such abstract, and prepare such report and observations for both

LIST OF LOCAL AND PERSONAL houses of Parliament, it shall be lawful for such Secretary of State for the time being to

ACTS, DECLARED PUBLIC, AND inquire into the state of the several turnpike TO BE JUDICIALLY NOTICED. trusts whose annual statements shall be so as aforesaid transmitted, and ascertain the amount

3 & 4 WILLIAM IV. of the annual income and expenditure of such several trusts, and also to inquire into the method in which the roads under the charge

[Concluded from p. 431.] of such trusts are maintained and repaired; Cap. LXXI, An act for making and maintaining and for the purposes aforesaid it shall be lawful a railway from the termination of the Leifor such Secretary of State for the time being cester and Swannington railway in the townto summon before him any surveyors, treasu ship of Swannington in the county of Leirers, clerks, or other officers employed by the cester to the Ashby-de-la-Zouch railway in trustees or commissioners in respect of the the township of Worthington in the said said roads; and the said surveyors, treasurers, county, and a branch railway therefrom. clerks, and other officers shall, if required, Cap. LXXII, An act for altering and amending List of Local and Personal Acts, made Public.

441

several acts passed for the drainage and in- Cap. LXXXV, An act for continuing certain provement of the lands lying in the North powers to the trustees of the New North Level, part of the great level of the fens Road, leading from the south end of Highcalled Bedford Level, and in Great Portsand bury Place, Islington, to Haberdashers Walk and in the manor of Crowland; and for in the parish of Saint Leonard Shoreditch, providing additional funds for such drain in the county of Middlesex. age and improvement by the Nene Outfall Cap. Lxxxvi, An act for repairing the road Cut to sea.

from Aylesbury in the county of BuckingCap. LXXIII, An act for repairing the road ham to Thame in the county of Oxford,

from the town of Great Farringdon in the and the roads leading from the town of county of Berks to Burford in the county of Thame to Shillingford, Postcomb, and Bi. Oxford.

cester, in the said county of Oxford. Cap. LXXIV, An act for more effectually re- Cap. LXXXVII, An act for more effectually re

pairing and otherwise improving the road pairing the road from Rugby Bridge in the from Warrington to Wigan in the county county of Warwick to the town of Hinckley, palatine of Lancaster.

in the county of Leicester. Cap. LXXV, An act for repairing and improv-Cap. Lxxxvii, An act for more effectually

ing the roads through Huntley from Glou- repairing the roads from Brimington and cester towards Ross in the county of Here Chesterfield in the county of Derby to the ford, and to and from Mitcheldean, and High Moors in the parish of Brampton, in through Westbury-upon-Severn to Newn- | the said county. ham and Littledean, in the county of Cap. LXXXIX, An act for amending an act of Gloucester.

his late Majesty King George the Fourth, Cap. LXXVI, An act for maintaining and im- | for more effectually making and repairing

proving the turnpike road froin the guide certain roads leading to and from Bodmin, post below Haddon, out of the Bakewell and other roads therein mentioned, in the turnpike road, into the Bentley and Ash-| county of Cornwall; and for making and bourne turnpike road, in the county of maintaining a new road communicating Derby.

therewith. Cap. LXXVII, An act for repairing and widen- Cap. xc, An act to an end so much of two acts

ing the road from Whitchurch in the county for repairing the road leading from Cheltenof Southampton to the extremity of the ham towards the city of Gloucester, and for parish of Aldermaston in the county of making a new branch to communicate with Berks.

the same, as relates to the priority of certain Cap. LXXVIIT, An act for better repairing the mortgages granted on the tolls thereof.

roads fronn Warminster and from Frome to Cap. xci, An act for repairing the roads from the Bath road, and from Woolverton to the Fyfield in the county of Berks to Saint Trowbridge road, in the counties of Wilts John's Bridge in the county of Gloucester, and Somerset, and for making certain new and from Kingston Bagpuze to Newbridge, lines of road branching out of such roads to in the said county of Berks. and towards Bath.

Cap. XCII, An act for more effectually repairCap. LXXIX, An act to make and maintain a ing the roads leading from Swindon to the

turnpike road from the Gateshead and Hex centre of Christian Malford Bridge, from ham turnpike road, at or near to Axwell Calne to Lyneham Green, and from the Park Gate, on the river Derwent, in the Direction Post in Long Leaze Lane near township of Winlaton in the parish of Ryton Lydiard Marsh to Cricklade, in the county in the county of Durham, to the village of of Wilts. Shotley Bridge in the said county of Dur-Cap. xcii, An act for maintaining the roads ham.

from the town of Kingston-upon-Hull to Cap. LXXX, An act for more effectually repair- the town of Beverley in the East Riding of

ing the road from the east end of a close the county of York, and from Newland called Lord's Close, in the parish of Brougham Bridge to the west end of the town of Cotin the county of Westmorland, by way of tingham in the same riding. Brougham Bridge, into the town of Penrith, Cap. XCIV, An act for improving the commuin the county of Cumberland.

T nication between the towns of Chepstow and Cap. LXXXI, An act for more effectually re- Abergavenny, in the county of Monmouth.

pairing the road from Storrington to Ball's Cap. XCV, An act to enable the Clarence Rail

Hut in Walberton, in the county of Sussex. I way Company to make an extension of the Cap. LXXXII, An act for repairing the Road line of their railway.

from Offham to Ditchelling, in the county Cap. XCVI, An act for draining and preserving of Sussex.

certain fen lands and low grounds in the Cap. LXXXIII, An act for repairing, maintain- parish of Wiggenhall Saint Mary Magdalen

ing, and improving the road from Tadcaster in the county of Norfolk, and other purBridge within the county of the city of York poses. to Hob Moor Lane End.

Cap. xcvii, An act for more effectually repairCap. LXXXIV, An act for more effectually re ing and improving the road from Butterton

pairing and improving the road from Roch Moor End to the turnpike road leading from dale to Edenfield in the parish of Bury, all Buxton to Ashborne, and other roads therein in the county palatine of Lancaster.

mentioned, in the counties of Stafford and

« ZurückWeiter »