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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-efficacy of frequent and often punishment wards the middest for two causes; first, 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 and of God's true religion and service; for nunwomen 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 charity in him, it would make his heart to bleed for pity and compassion." 8 Inst.

Sex horas somno totidem des legibus æquis,
Quatuor orabis, des epulisque duas ;
Quod superest ultrà sacris largire camoenis.
(Co. Litt. 288 a.)

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We have now to notice the principal features in the character of Sir Edward Coke, as a judge, an author, and a man.

Our author does not appear, however, to have been conscious that he was chargeable 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 a 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 priall. 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 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; 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 case of Sir Walter Raleigh. In defence or

His opinions on capital punishment are

438

Legal Biography.-Review: Wright on Friendly Societies.

excuse of this part of his character, we can | of his legal attainments. Even his great rionly refer to the coarseness 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 for which he was remarkable, to enable him to stand almost alone among his brethren of the Bench, in resisting the illegal demands and corrupt influence of the Crown.

We close our account with some particulars of his general character, his habits, and manners. Nature had bestowed on him a comely person and commanding appearance. His taste, or it may be, some grains of vanity, induced him to improve these advantages by some shew of splendour in his apparel. He defended himself, if defence were needed, by saying, "that the exterior neatness of the body ought to be emblematic of the inward purity of the soul." He regularly apportioned every hour of his time. He retired to rest at nine, and rose at three, and was extremely rigid in adhering to the rules he had prescribed. He had reason to boast that he obtained all his honors without bribery or solicitation; and he often render

It is not our direct object to notice more than his character in relation to the Law; but it will further illustrate the inflexibility of his independence, to observe the eminent character which, even in an arbitrary age, he acquired as a patriot. On the several occasions on which he was returned to Parliament, he constantly distinguished himself, as we have seen, in opposing the unconstitutional powers claimed by the Crown, in upholding the authority of Parliament, and the just rights of the people. His conduct throughout his public life as a Senator, en-ed thanks to God that he had never given titled him to the commendation bestowed by Mr. Hallam, that "he became, not without some honourable inconsistency of doctrine as well as practice, the strenuous asserter of liberty, in the principles of those ancient laws which no one was admitted to know so well as himself."

The intellectual fitness of Lord Coke, as a Judge, remains undisputed. He possessed all the learning and practical knowledge requisite for the station when he was raised to the Bench, and he continued, as his works amply testify, to add to his stores, and improve and methodize them. It has been truly said, that Coke was inferior to Bacon in the general scope of mind, and especially in philosophic qualities; but we think it is incorrect to say that Coke had little or no power of generalizing, or capacity of comprehensive reasoning; and it 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 the Courts over which he successively presided.

On the merit of the Works of Coke, we need not much enlarge; and, indeed, in the course of our previous notice of his life, and the detail of his writings, with the remarks on his judicial character, we have anticipated this part of our subject. His works show the extent, the variety, and soundness

his body to physic, his heart to cruelty, nor his hand to corruption. He was a man of great industry, and though attached to a certain degree of external splendour, was not deficient in frugality. His original patrimony, with the advantages derived by two marriages, and his professional gains, enabled him to make ample provision for a large family of twelve children.

It appears that he abstained from joining in the frequent festivities which prevailed at the Halls of the Inns of Court, and gave himself up almost entirely to the study and practice of the Law, and the discharge of his public duties. The only other object which attracted his attention was Divinity, to which he devoted a considerable portion of his time. He was remarkable for his piety, and expired, exclaiming, " Thy kingdom come! Thy will be done!"

REVIEW.

A Treatise on the Internal Regulations of Friendly Societies, shewing the various existing Evils and Practical Remedies, and expounding the Doctrine of Restitu tion and a Code of Rules, with Forms for the use of Magistrates, in Questions relative to such Societies; in which is given, all the material Cases decided in

Review: Wright on Friendly Societies. - Abstracts of Recent Statutes.

439

Law and Equity. By James Wright. | Beaumont v. Meredith, Ves. & B. 180; Ex To which is added, the New Act, 10 Geo. 4. 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, 131. This chapter also Law relating to Friendly Societies. Se- treats of costs on proceedings before magiscond Edition. Saunders & Benning. trates, and the mode of pleading. It also discusses the subject of full and half-pay, THIS book treats of the Practice and Pro- and points out some objectionable principles ceedings at Law by and against Friendly in Friendly Societies, &c.; and notices the Societies, and points out the means of obpropriety of appeals to the King's Bench. taining redress for injuries. It also conThe appendices contain the code of rules tains a collection of forms of affidavits, meand precedents. morials and other documents for inrolling the rules of such societies, and giving them legal effect. It points out, likewise, the manner of choosing trustees, and making investments in the National Debt Office and in Savings Banks.

We have thus given an analysis of the contents of the volume before us; and have willingly done so, in order to promote the objects of the author, which appear to be praiseworthy. The subject is one affecting It is also designed to assist the Magis-a very large part of the community; for in trates at Sessions in determining the legality of the rules, and administering justice between the members of these societies.

With these objects in view, the author has given the Cases decided both in Courts of Law and Equity; and in many instances they are fully quoted, so as to furnish the reader with all the information he can require.

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.

1815, according to the returns made to Parliament, there were 9,672 societies, consisting of nearly one million of members. The author has diligently collected the materials requisite both for a knowledge of the law and its amendment, and we rccommend the book as a useful manual on the subject.

ABSTRACT OF RECENT STATUTES.

TURNPIKE ROADS RETURNS.

3 & 4 W. 4, c. 80.

The second treats of the Legal Principles which should be adopted by Friendly Societies, and discusses the doctrine of Restitution. The following subjects are also considered in this part of the work: The and is intituled "An Act requiring the Annual This act passed on the 28th August, 1833, limited time for sick allowances; the time Statements of Trustees or Commissioners 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 members reduced to the workhouse, accidents, and public hospitals. This chapter also includes the choice of officers, the management of the societies' affairs, general meetings, &c.

The third concerns the moral principles of Friendly Societies.

The fourth relates to inrolling new rules, and rescinding and amending old ones.

The fifth treats of proceedings at law by or against the societies' officers and members, expulsion, remedies and expenses of litigation.

Sixthly, the evils of the present state of the Law, and suggestions for improvement, including the cases decided, viz. The King v. Justices of Staffordshire, 12East, 280; Batty v. Townrow, 4 Campb. 5; Ex parte Norrish, Jacob, 162; Wyberg v. Ainley, Clel. 699;

It recites 3 G. 4, c. 126, and 4 G. 4, c. 95, and enacts as follows:

1. The clerks of trustees or commissioners shall within thirty days from the passing of this act transmit to one of his Majesty's principal secretaries of state copies of all annual statements already sent by them to the clerks of the peace, and transmit copies of all such general annual statements for any future year or years directed (by the former acts) to be transmitted to the clerks of the peace within thirty days after the same shall have been approved and signed; and if any such clerk to the trustees or commissioners shall refuse or neglect to transmit such copies within the time prescribed, he shall for every offence forfeit any sum not exceeding 107. nor less than 57., at the dis

cretion of

any

Justice of the Peace.

2. After the expiration of the present year the trustees and commissioners of every turnpike road shall hold their general annual meeting on or before the 25th March in every future year.

440

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

3. The annual statement of the debts, revenues, and expenditure of every turnpike trust so as aforesaid required by the said recited act of the third year of the reign of his said late Majesty, and also by this act, to be made out by the clerk and surveyor to the trustees or commissioners holding such general annual meeting, and submitted to the trustees or commissioners then assembled, shall, for the year 1834, be made out from the date of the last annual statement of the year 1833, until the 31st of December, 1833, according to the form contained in schedule (A.) annexed to this act; and that in all future years such annual statements shall be made out of the debts, revenues, and expenditures received or incurred on account of the trust for which the meeting shall be held between the 1st of January and 31st of December, of the year preceding the year in which such meeting shall be so held.

produce all books of account, plans, maps, papers, documents, and writings in their possession respectively, and shall permit any person appointed by such Secretary of State for the time being to inspect, examine, and take copies or extracts from the same or any or either of them; and if any such surveyor, treasurer, clerk, or other officer shall refuse or neglect to attend any such summons, or refuse or neglect to give a full and satisfactory answer to any question which he shall be by such Secretary of State for the time being required to answer, or shall refuse or neglect to produce any book of account, plan, map, paper, document, or writing in his possession relating to the road as to which he shall be employed, every person so offending shall for every such offence forfeit any sum not exceeding 201. nor less than 57., at the discretion of any Justice or Justices of the Peace before 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 refuse or neglect to prepare and lay before such general annual meeting such estimate as aforesaid, every such clerk so offending shall for every such offence forfeit any sum not exceeding 10., nor less than 57., at the discretion of any Justice or Justices of the Peace before whom complaint of such offence shall be made.

5. Such Secretary of State for the time being shall yearly cause such annual state ments so transmitted to him to be revised and abstracted, and shall cause such abstracts to be laid before both houses of Parliament, together with any observations he may think proper with respect to the state, condition, and repair of the roads or any of them, or with respect to the debts, revenues, expenditure, and management of any of such turnpike trusts.

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 houses of Parliament, it shall be lawful for such Secretary of State for the time being to inquire into the state of the several turnpike trusts whose annual statements shall be so as aforesaid transmitted, and ascertain the amount of the annual income and expenditure of such several trusts, and also to inquire into the method in which the roads under the charge of such trusts are maintained and repaired; and for the purposes aforesaid it shall be lawful for such Secretary of State for the time being to summon before him any surveyors, treasurers, clerks, or other officers employed by the trustees or commissioners in respect of the said roads; and the said surveyors, treasurers, clerks, and other officers shall, if required,

transmit a copy of such resolution to one of his Majesty's principal Secretaries of State for the time being, together with a copy of any special clauses which the trustees may wish to be inserted in any new act respecting such turnpike road, and also a statement of the increased tolls intended to be levied thereon.

8. The penalties hereby imposed shall be recovered and applied in the same manner as penalties imposed by the said recited act of the third year of his late Majesty, and the several clauses and provisions therein contained respecting the recovery and application of penalties shall be in force for that purpose as if the same were herein specially re-enacted and contained.

9. This act may be altered, amended, or repealed by any act or acts to be passed in this present session of Parliament.

LIST OF LOCAL AND PERSONAL
ACTS, DECLARED PUBLIC, AND
TO BE JUDICIALLY NOTICED.
3 & 4 WILLIAM IV.

[Concluded from p. 431.]

Cap. LXXI, An act for making and maintaining
a railway from the termination of the Lei-
cester and Swannington railway in the town-
ship of Swannington in the county of Lei-
cester to the Ashby-de-la-Zouch railway in
the township of Worthington in the said
county, and a branch railway therefrom.
Cap. LXXII, An act for altering and amending

List of Local and Personal Acts, made Public.

441

powers to the trustees of the New North Road, leading from the south end of Highbury Place, Islington, to Haberdashers Walk in the parish of Saint Leonard Shoreditch, in the county of Middlesex.

several acts passed for the drainage and im- | Cap. LXXXV, An act for continuing certain provement of the lands lying in the North Level, part of the great level of the fens called Bedford Level, and in Great Portsand and in the manor of Crowland; and for providing additional funds for such drainage and improvement by the Nene Outfall Cut to sea.

Cap. LXXIII, An act for repairing the road from the town of Great Farringdon in the county of Berks to Burford in the county of Oxford.

Cap. LXXIV, An act for more effectually repairing and otherwise improving the road from Warrington to Wigan in the county palatine of Lancaster.

Cap. LXXV, An act for repairing and improving the roads through Huntley from Gloucester towards Ross in the county of Hereford, and to and from Mitcheldean, and through Westbury-upon-Severn to Newnham and Littledean, in the county of Gloucester.

Cap. LXXVI, An act for maintaining and improving the turnpike road from the guide post below Haddon, out of the Bakewell turnpike road, into the Bentley and Ashbourne turnpike road, in the county of Derby.

Cap. LXXVII, An act for repairing and widening the road from Whitchurch in the county of Southampton to the extremity of the parish of Aldermaston in the county of Berks.

Cap. LXXVIII, An act for better repairing the roads from Warminster and from Frome to the Bath road, and from Woolverton to the Trowbridge road, in the counties of Wilts and Somerset, and for making certain new lines of road branching out of such roads to and towards Bath.

Cap. LXXIX, An act to make and maintain a turnpike road from the Gateshead and Hexham turnpike road, at or near to Axwell Park Gate, on the river Derwent, in the township of Winlaton in the parish of Ryton in the county of Durham, to the village of Shotley Bridge in the said county of Dur

ham.

Cap. LXXX, An act for more effectually repair-
ing the road from the east end of a close
called Lord's Close, in the parish of Brougham
in the county of Westmorland, by way of
Brougham Bridge, into the town of Penrith,
in the county of Cumberland.
Cap. LXXXI, An act for more effectually re-
pairing the road from Storrington to Ball's
Hut in Walberton, in the county of Sussex.
Cap. LXXXII, An act for repairing the Road
from Offham to Ditchelling, in the county
of Sussex.

Cap. LXXXIII, An act for repairing, maintain-
ing, and improving the road from Tadcaster
Bridge within the county of the city of York
to Hob Moor Lane End.

Cap. LXXXIV, An act for more effectually repairing and improving the road from Rochdale to Edenfield in the parish of Bury, all in the county palatine of Lancaster.

Cap. LXXXVI, An act for repairing the road from Aylesbury in the county of Buckingham to Thame in the county of Oxford, and the roads leading from the town of Thame to Shillingford, Postcomb, and Bicester, in the said county of Oxford.

Cap. LXXXVII, An act for more effectually repairing the road from Rugby Bridge in the county of Warwick to the town of Hinckley, in the county of Leicester.

Cap. LXXXVIII, An act for more effectually repairing the roads from Brimington and Chesterfield in the county of Derby to the High Moors in the parish of Brampton, in the said county.

Cap. LXXXIX, An act for amending an act of his late Majesty King George the Fourth, for more effectually making and repairing certain roads leading to and from Bodmin, and other roads therein mentioned, in the county of Cornwall; and for making and maintaining a new road communicating

therewith.

Cap. xc, An act to amend so much of two acts
for repairing the road leading from Chelten-
ham towards the city of Gloucester, and for
making a new branch to communicate with
the same, as relates to the priority of certain
mortgages granted on the tolls thereof.
Cap. xcı, An act for repairing the roads from
Fyfield in the county of Berks to Saint
John's Bridge in the county of Gloucester,
and from Kingston Bagpuze to Newbridge,
in the said county of Berks.

Cap. xc, An act for more effectually repair-
ing the roads leading from Swindon to the
centre of Christian Malford Bridge, from
Calne to Lyneham Green, and from the
Direction Post in Long Leaze Lane near
Lydiard Marsh to Cricklade, in the county
of Wilts.

Cap. XCIII, An act for maintaining the roads from the town of Kingston-upon-Hull to the town of Beverley in the East Riding of the county of York, and from Newland Bridge to the west end of the town of Cottingham in the same riding.

Cap. xcIv, An act for improving the commu

nication between the towns of Chepstow and Abergavenny, in the county of Monmouth. Cap. xcv, An act to enable the Clarence Railway Company to make an extension of the line of their railway.

Cap. xcvI, An act for draining and preserving certain fen lands and low grounds in the parish of Wiggenhall Saint Mary Magdalen in the county of Norfolk, and other pur

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