Obrázky na stránke
PDF
ePub

high tribunal came to be divided. Fair transcripts of many of such ancient Judicial Records, probably of those which appeared the most valuable to Sir MATTHEW HALE, are to be found among his manuscripts. Of those in the reign of Edward I, he expressly says, "That he had read over many of them, and had generally observed, that the pleading is very short, but very clear and perspicuous, and nei ther loose or uncertain, nor perplexing the matter either with impropriety, obscurity, or multiplicity of words; that they are clearly and orderly digested, effectually representing the business that they intend; and that the title and the reason of the law upon which they proceed (which many times is expressly delivered upon the record itself) is perspicuous, clear, and rational, so that their short and pithy pleadings and judgments do oftentimes better render the sense of the business and the reasons thereof, than those long, intricate, perplexed, and formal pleadings that oftentimes of late are unnecessarily used." (H. of Law, Cap. 7.) It is manifest, therefore, that a proper selection of such early pleadings and judgments, with a continuation downwards of those to which the Year Books refer, to be set out in some cases at length, but in most to be faithfully and judiciously abstracted, would, if printed, form a very valuable companion to a new and complete edition of the Year Books. I have therefore seen, with pleasure, that the return I have lately mentioned suggests the propriety of such a design. Indeed, by this means, a key would be furnished to the Year Books, which would enable the editor of any new impression thereof to correct many mistakes, which no doubt after the fullest comparison of the different copies, would otherwise remain in them, and (which is of more conse quence) would clear up many obscurities, difficulties, and intricacies, which at present are frequently found to puzzle the ablest and most learned lawyers. It is well known, that perhaps the best book extant of Equity Reports has lately

by an accurate examination and comparison with the original proceedings in Chancery in the causes therein contained, received from the learning and industry of a member of this Society (Mr. S. C. Cox) very important elucidation, corrections, and improvement. Most probably the transcripts of Judicial Records in Sir MATTHEW HALE'S Collection will be found to relate particularly to those matters of which he treats in his various excellent writings on the law; and as they are so fairly and accurately written, the use of them would unquestionably not only greatly assist the judgment of those who should have the task of making the proposed selection, but also very much facilitate the

execution of the work.

III. STATUTES.-The same return from the Chapter House, contains also a suggestion of great weight with regard to the printing of Inedited Statutes. Many expired and repealed acts have either never been published, or at least are no longer to be found in the usual printed copies, which yet might throw great light both on the common and statute law, and on the history of the kingdom. I know that there are dispersed in various libraries, public and private, numerous volumes of manuscript statutes of ǹo particular value, as containing only old acts to be found now in all the printed editions. But there seems every reason to suppose that the volumes among Sir MATTHEW HALE's manuscripts, are not of that description, but on the contrary, that, on examination, they would be found to contain many articles which might prove useful in forming a Collection, for publication, of such Inedited Statutes. They might also perhaps supply in many cases important readings and corrections of the Statutes already in print.

In order to complete a fundamental Corpus Juris Anglicani, to be executed in a manner worthy of that Law and Constitution whose original rules and principles it would

contain, illustrate and contribute to preserve, perhaps to the Year Books, ancient Judicial Records,andInedited Statutes (as supplementary to the Statutes at Large) something would still remain to be added; I mean a correct, uniform impression of those early writers, who, though they may not be considered as what is called, in a sort of technical sense, legal authority, have ever been highly valued, and constantly referred to by the best judges, as forming some of the first links in the chain of our national Jurisprudence, such are Glanvill, Bracton, Britton, Fleta, the Mirror, the Old Book of Tenures (all of which were composed before the use of printing,) and, above all, Littleton's Tenures, of which it would seem that a printed impression was begun about the time of the author's death. Every lawyer knows how uncouth and incorrect almost all the editions of those authors are, except those of Littleton contained in the different impressions of Lord Coke's Commentaries. In the Library of Lincoln's Inn there are indeed but few manuscripts of any of them, but those few are of considerable merit; and, in other repositories, there are a great many, as for instance, not less than eight of Bracton in the British Museum. An accurate and judicious collation of all that are extant of each, would of course be made, if a new edition of the whole should be thought an object of public concern. A French Lawyer, Mons. Houard, in the year 1766, did publish, in two quarto volumes, the text of Littleton, accompanied with a modern French Translation, and Dissertations and Notes; and afterwards (1776) in four uniform quartos, Glanvil, Fleta, Britton, and the Mirror, together with Extracts from Doomsday Book, the Laws of Henry I, those of Malcolm Mackennett, King of Scotland, and the book called Regiam Majestatem. These publications were chiefly intended to illustrate the connexion between the early Jurisprudence of France and that of England, as delivered in those ancient works, but the example has not

hitherto induced any individual in this country to engage in a similar undertaking, though it might have been supposed that the temptation and encouragement here would have been much greater. The whole plan however, which I have presumed to hint at, of a uniform and systematic impression of the ancient Law Writers, the Year Books, Judicial Records, and Inedited Statutes, is perhaps too extensive to be expected from the mere zeal, or speculation and enterprize of private editors, but if it were to be thought to deserve the attention and recommendation of the Select Committee of the House of Commons, I have no doubt, but that with the munificent yet prudent assistance of parliament, it might, within a reasonable time, be executed under the superintendance and direction of such learned members of both houses, and of the law societies as might be appointed for that purpose; and who, I am persuaded, would easily find able and diligent persons, skilled, and willing to take upon them the laborious part of the undertaking, if suitably encouraged.

LITERARY INTELLIGENCE.

Mr. C. F. Horn, and Mr. Samuel Wesley, are preparing for the press the Life of John Sebastian Bach, translated from the German of Dr. Forkel. This work cannot fail of proving highly interesting to the Musical World, and especially to the scientific Amateur, since so little has been hitherto known in England concerning that great master, whom the Germans have emphatically (and not unjustly) declared to be "the first Musician of any age or Country."

LIST OF BOOKS PUBLISHED IN OCTOBER, 1808.

[ocr errors]

Adam-The Speech of William Adam, Esq. M. P. in the House of Commons on the Scots Judicature Bill, June 24, 1808. 8vo. 2s.

、Angus-Trial of Charles Angus, Esq. of Liverpool, for the wilful murder of Miss Burns. 8vo. 7s.

Bancroft-An Exposure and Refutation of various Misrepresentations published by Dr. Macgregor and Dr. Jackson, in three separate Letters to the Commissioners of Military Inquiry. By E. N. Bancroft, M. D. 45.

Bank-An Address to the Proprietors of Bank Stock, By a Proprietor. 8vo. 25. Bardsley-Medical Reports of Cases and Experiments, with Observations chiefly derived from Hospital Practice. By S. A. Bardsley, M. D. ss.

Black-Sermons by the late Rev. David Black, one of the Ministers of Edin.burgh; with an Account of his Life. 8vo. 10s. 6d.

Blagden-Flowers of Literature for 1807. By F. W. Blagden. 12mo. 6s. Broadhurst Advice to Young Ladies on the Improvement of the Mind and the Conduct of Life. By T. Broadhurst, 12mo. 4s. 6d.

Bruce Review of the Proceedings of the General Associate Synod, in reference to the Ministers who protested against the imposition of a new Testimony. By A. Bruce, 8vo. 5s.

Cevallos-An exposure of the Arts and Machinations which led to the Usurpation of the Crown of Spain by Bonaparte. In Spanish and English, 78. or in English, 3s. 6d.

Clarke-The Office of Reason in Religion. By John Clarke, D. D. 3d.
Covent Garden Theatre-A detailed Statement of the Losses of the several
Performers of Covent Garden Theatre in the late Fire. 2s.

Crabbe-The Preceptor and his Pupils, Part II. or, the Syntax of all Languages compared, with Special Rules and Examinations of the English. By Geo.

Crabbe. 4s. 6d.

Crease-Hifits for the Preservation of Woodwork exposed to the weather. By James Crease, 6d.

Dalrymple-An Heroic Epistle to Sir Hew, with a Word to Sir Arthur, 2s. 6d. Drummond-The first Book of Lucretius of the Nature of Things, translated into English verse, by the Rev. W. H. Drummond. Small 8vo. 5s.

Family (The) Picture, or Domestic Education; a'Poetic Epistle. 12mo. 3s. 6d. Fischer A Picture of Valencia, taken on the Spot. By C. A. Fischer, 8vo.

gs.

Forster-The British Gallery of Engravings, No. III. By the Rev. Edward Forster. Small Paper, 21. 2s. Large Paper, 31. 13s. 6d. Ditto with Etchings and Proofs on India Paper, 51. 5s.

Glasse-The New Testament of our Lord Jesus Christ, with a further Abridg ment of the Practical Observations of the late Rev. W. Burkitt. By the Rev. Samuel Glasse, D. D. No. I. to VI. Royal svo, 1s. each.

Griffin-A Treatise on the Culture of the Pine Apple. By W. Griffin. svo 10s. 6d.

Hague-A Letter to H. R. H. the Duke of York, explanatory of the Causes which led to the Appointment of Sir H. Dalrymple. By Thomas Hague. Hammond-Divine and Moral Precepts for the Conduct of a Christian and towards GoD and Man. By J. Hammond. 3s. 6d.

Hawker-A second Letter to a Barrister, in reply to the Second Part of his Hints to the Public and the Legislature. By R. Hawker, D. D. 28.6d. History of Discoveries and Inventions. 18mo.

Hogan-An Appeal to the Public, and a Farewell Address to the Army, on resigning his Commission in consequence of the System that prevails in the Army respecting Promotion. By Brevet Major Hogan. 2s. 6d. Hurstone Mysteries in High Life, or an Autumn at Cheltenham. By Mr. Hurstone. 3 vol. 15s.

Ladies (The) Toilet, containing Instructions for preserving Beauty to advanced Age; Historical Sketch of the Fashions of France and England; Receipts for preparing Cosmetics, &c. 18mo. gs.

Legislature (The) alarmed, and the Barrister unmasked; occasioned by Hints to the Public and the Legislature. By Vigil. Part II. is. Lempriere- Universal Biography. By J. Lempriere, D. D. 8vo. 6s. Lisbon-A Picture of Lisbon, with Sketches on the Government, Character, and Manners, of the Portuguese in General. 8vo. 85.

Macdonald-Fingal, an Epic Poem, by Ossian, rendered into Verse. By A Macdonald. 8vo. 7s.

Master (The) Passion, or the History of Frederick Beaumont. 4 vol. 12mo. 16s

« PredošláPokračovať »