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sequently find it advisable to mitigate the penalty which he had caused to be inflicted upon the appellant as costs.
Amongst certain passages assuming to be extracts from the evidence given by Lord Brougham before the committee appointed to inquire into the present state of the Law of Libel, was the following: '' Lord Brougham had much rather be libelled in the specific direct way, which it has been suggested should be punished, than in the vague general way of comment which some would make allowable." In,the present instance, he was certainly libelled according to his heart's desire; and there can be no doubt the writer was thoroughly convinced of the propriety of the accusation. Its utter groundlessness, however, placed him entirely at the mercy of the Chancellor, who, to do him justice, manifested little wish to make an ungenerous use of his advantage, so far as related to the punishment. But, with his usual lack of judgment, he contrived to keep on talking until he had nearly turned the tables on himself; and altogether the adventure strikes us to be one which the warmest admirers of Lord Brougham would be not sorry to erase from his history. The proceedings are fresh in the recollection of our readers. We shall therefore only refer to two points to justify this opinion: 1. When Lord Brougham first brought the matter before the House of Lords, he denied seriatim every item of the charge, particularly the assertion that Lord Denman had suggested a doubt: Lord Denman expressly stated in the subsequent debate that he had done so. 2. The Chancellor, in reply to the assertion, that he had himself recommended the appeal,, contented himself with a simple reference to dates, which certainly made it appear that he had left the bar at the time the appeal to the Lords was instituted; thus most disingenuously leaving the public to infer (and the inference was very general) that he had never recommended any appeal at all. We also think that the terms of excessive contumely, heaped by himself and others on the supposed writer, might have been spared without any disparagement of dignity.
Mr. Whittle Harvey's case has been referred to a Select Committee. One of his principal grounds of complaint against the course adopted by the Benchers was, that the reporters for the public press were prevented from publishing the proceedings from day to day; the public, he urged, would read the evidence piece-meal in the newspapers, but could hardly be expected to undergo the labour of reading it in the lump. One of the first acts of the Select Committee was to forbid the publication of their proceedings until the termination of the inquiry; so that we are compelled to postpone any further commentary that we may have to offer upon the case. Whatever the Report may be, it can make very little change in the general estimate of his character. A Committee of the House of Commons is the very worst sort of tribunal that can be imagined for the conduct of a delicate investigation; and the materials of which this Committee is composed will hardly make it an exception to the rule. The original list (framed by Mr. O'Connell, most probably under the Member for Colchester's instructions and advice) consisted, by a singular coincidence, almost exclusively of members who had declared in Mr. Harvey's favour, and members notoriously unable to attend; and the appointment of Mr. O'Connell as Chairman was a sufficient proof of the leaning of the acting majority. The public will also feel that it is absurd to attempt reversing the solemn decisions of juries and judges upon any ex parte statement, after the death of the adverse parties and witnesses. If this it to be allowed, what convict, we ask again, might not claim a rehearing, if, on his return from transportation, he found the prosecutor dead, and the evidence scattered or destroyed 1 If nothing more were necessary than to get a former
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clerk or acquaintance to assert (or even swear to) the facts necessary to establish a primd facie case of innocence, there is scarcely a pickpocket or swindler who might not claim and effect his own perfect restoration to society. What makes Mr. Harvey's condition still more hopeless is, that the Committee are confining themselves to the two cases relied upon by the Bench, so that the imputations grounded upon many others will remain at all events.1 We shall review the additional evidence in a future Number; we already know the purport of it, and it rather confirms than weakens our former impression of the case.
Three new King's Counsel have been appointed: Mr. Thesiger, Mr. William Erie, and Mr. M. D. Hill. Great complaints are making of the exclusion of other gentlemen from the rank, but we cannot engage in the argument without infringing a rule we have rigidly prescribed to ourselves: never to comment on the general merits of any practising member of the profession whose professional interests could be affected by the commentary.
Decided opinions in favour of Sir Augustus d'Este's claim as regards Hanover have been given by some of the most distinguished German jurists. We shall devote an article to this branch of the subject in our next Number.
1 The details of three were given in our twenty-third Number; and two others were given at length in the Morning Post.
NOTICES TO CORRESPONDENTS.
We thank a correspondent for some acute remarks on the case of Solarte v. Palmer, though we do not coincide with all of them.
We have already endeavoured to procure materials for the suggested biography, but in vain. Can our correspondent inform us where any are to be found 1
We think that no second probate would be necessary.
LIST OF NEW PUBLICATIONS.
The Practice of the Court of Common Pleas in Personal Actions, and Ejectment: including the Practice on the recent Statutes and New Rules, with separate Instructions for Country Attornies. By John Frederick Archbold, Esq. of Lincoln's Inn, Barrister at Law. In 2 vols. 12mo. Price 1/. Is. boards.
Suggestions for a Beform of the Court of Chancery, by a Union of the Jurisdictions of Equity and Law: with a Plan of a new Tribunal for Cases of Lunacy. By Arthur James Johnes, of Lincoln's Inn, Esq. In 8vo. Price 5s. boards.
An Appendix to Bythewood's Conveyancing, by Messrs. Parken and Stewart; showing the Alterations effected by the recent Acts, with the Precedents rendered necessary by them. By James Stewart, of Lincoln's Inn, Barrister at Law. In royal 8vo. Price 4s. sewed.
The Practice of the Superior Courts of Common Law, as altered by Statute and Rule, during the present reign; with an Appendix, containing the Rules on Pleading of Hilary Term, 4 Will, 4. presented to parliament Feb. 5, 1834; with Notes, explaining the object and effect of the Alterations. By Alfred S. Dowling, Esq. of Gray's Inn, Barrister at Law. In 12mo. Price 7s. cloth boards.
Charges of Baron Smith: also Addresses piesented to him, and his Answers; together with a Report of the two Debates in the House of Commons upon his Case; and an Appendix. In 8vo. Price 15s. cloth boards.
[To be noticed on a future occasion.]
A Practical Treatise on the Law of Contracts, not under Seal; and upon the usual Defences to Actions thereon. The Second edition, greatly enlarged. By Joseph Chitty, Jun., Esq. of the Middle Temple. In 8vo. Price li. 4s. boards. [This book has already established a good character. The present edition has added greatly to its value.]
A Practical Treatise on the Law of Bills of Exchange, Promissory Notes, Bank Notes, Bankers' Cash Notes, and Checks; with an Appendix of Statutes, and the Forms of Pleading. By John Barnard Byles, Esq., of the Inner Temple, Barrister at Law. Second edition, greatly enlarged. In 12mo. Price 10s. bds. [A much improved edition of one of the best books on the subject.]
The Conveyancers' Recital-Book; with explanatory Introduction and Notes. By Thomas Martin, Esq., of Lincoln's Inn. In 12mo. Price 10s. 6d. boards.
[A publication which will retain a considerable degree of utility until the present necessity for recitals shall be done away by a General Register.]
A Practical Treatise of the Law of Vendors and Purchasers of Estates. By Sir Edward Sugden. The Ninth edition. In 2 vols, royal 8vo. Price 1(. lis. boards. [See ante, p. 87.]
The Rules of the Com ts of Law at Westminster, collected and arranged with reference to the late Statutes; the New Tables of Costs; and Practical Forms. By George Barclay Mansel, Esq. of the Middle Temple, Barrister at Law. In 12mo. Price 12s. boards.
A Practical Treatise on Medical Jurisprudence, with so much of Anatomy, Physiology, Pathology, and the Practice of Medicine and Surgery, as are essential to be known by Members of Parliament, Lawyers, Coroners, Magistrates, Officers in the Army and Navy, and private Gentlemen; and all the Laws relating to Medical Practitioners; with Explanatory Plates. By J. Chitty, Esq., Barrister at Law. Royal 8vo. Part I. price 21s. cloth boards.
[To be noticed in a future Number.]
C. ROWOBTH AND SONS, BELL TABD,
THE LAW MAGAZINE.
ART. I.—ORIGIN, NATURE AND HISTORY OF OATHS.
Oaths, their Origin, Nature and History. By James Endell Tyler, B.D. Rector of St. Giles in the Fields, and late Fellow of Oriel College. London. 1834. pp.319.
In our opinion Mr. Tyler has rendered a good service to the cause of improvement and civilization by the publication of the present work. He has not been deterred by timidity, or indolence, or indifference from attacking established institutions, which seemed to him productive of great and serious evils; and he has discussed their policy without fanaticisnij and in that spirit of calmness and impartiality which unhappily is of so rare occurrence in political controversy. Mr. Tyler's work may be considered as consisting of three parts— 1. He gives a historical account, more or less complete, of the different forms of oaths adopted in different countries. 2. He discusses the religious question as to the taking of oaths, viz. whether oaths are permitted or sanctioned by the Christian religion. And 3. He inquires whether the judicial and other oaths required by the law of England to be taken on numerous occasions, are on the whole advantageous or disadvantageous to the community. We propose, in laying before our readers a short abstract of the principal heads of Mr. Tyler's book, first to offer some remarks on the nature of an oath, and the different forms under which it has been administered in various countries; and afterwards to examine how far the use of oaths
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