LETTERS TO C.

INTRODUCTION.

THE following portion of this work, which the Editors have entitled "Letters to C.," consists of four unfinished papers by Sir Samuel Romilly, which may be described in his own words as "Observations on his situation in life and future prospects, in the course of which he indulged himself in passing in review some projects for the public benefit."1 The two first, written in 1801, which are in the form of letters addressed by an imaginary friend to himself, and the third, in 1807, relate to the office of Lord Chancellor. The fourth, written in 1818, which is in the form of a letter addressed by himself to the same imaginary friend, refers to the course of conduct he ought to pursue as a representative for the city of Westminster. Connected with the three first of these letters is a series of papers on the duties of a Lord Chancellor in his character of a Legislator, a Minister, and a Judge. They do not form any regular or complete treatise, but are principally in the nature of sketches to be afterwards filled up, and occasionally little more than memoranda to recall former reflections. The following account of them may serve to show in what manner they are connected together, and what light they throw on the letters themselves :

One of them is entitled "Memoranda of things 1 Vol. II. p. 234.

to be done on entering into office." It contains a series of resolutions relating to the duties of the Lord Chancellor in his different capacities.

Those which relate to his legislative duties are in these words: -"To reform the Civil Code;" "To reform the Penal Law ;" and they refer to separate manuscripts bearing the same titles. These contain a list, more or less detailed, of the particular reforms which he contemplated in both these divisions of the law and a note is attached to each proposition referring to manuscripts, to works, and to reported decisions, which afford information as to the nature and extent of the abuse, and the mode of reforming it; and, in some cases, to the names of persons who might furnish information or assistance. The following selection from those which are entitled "The Reform of the Civil Code" may give a more correct idea of their nature and object:

1. "To alter the law respecting debtor and creditor; to make the real estates of a person who dies indebted, assets for the payment of all his simple-contract debts; to make copyhold estates assets, to make them subject to executions; to make the estates of tenants in tail assets for the payment of all their debts.

2. "To correct the injustice attending the law as it now stands, with respect to extents and the recovery of debts due to the Crown.

3. "To amend the Bankrupt Law.

4." To declare that a voluntary conveyance shall not be void, as against a subsequent purchaser, if he had notice of it prior to his purchase,

5. "To abolish certain injurious legal fictions, such as that lis pendens is notice to all the world.

6. "To establish a general registry of deeds.

7. "To reform the practice of the Courts, particularly of Courts of Equity; to diminish the delays which now prevail, and to correct the many abuses which notoriously exist in the Masters' offices.

8. "To abolish useless offices in the Court of Chancery, and such as are burdensome to the suitors. The Six Clerks, Cursitors, &c. to reimburse the present possessors of those offices out of the dividends of the unclaimed property in the Court.

9. "That some greater form or solemnity than is now necessary ought to be required in wills of personal estates.

10. "To abolish the common law offences of forestalling, engrossing, and regrating.

11. "To pass an Act declaring that the Court of Justiciary in Scotland shall not have power to transport for common law misdemeanors."

Where, in these lists, any one of the reforms contemplated is stated in very general terms, a paper is commonly to be found bearing the same title, and containing in a similar form an enumeration of changes proposed to be made in that branch of the law. Thus, in the selection already given, the propositions relating to the reform of the Bankrupt Law and the practice of the Court of Chancery are developed in other papers, where some of the pro

posed alterations are stated; and they are accompanied with the usual references to manuscripts, books, and persons whence assistance might be derived.

The manuscripts to which the notes in these lists refer are sometimes mere sketches of the mode of carrying the proposed reforms into effect; but the greater part of them are essays on the reform of 1 The following is a list of such of these Essays as are most complete :— 1. On the Promulgation of Laws.

2. On a Written Code of Laws.

3. Project of a New Code.

4. On unauthorised Reports of Judicial Proceedings. 5. On certain Rules of Evidence.

6. On the Imposition of Taxes on Law Proceedings. 7. On Irrevocable Laws.

8. On the Law of Libel.

9. On Apprenticeships.

10. On Bankrupts.

11. On the Poor-Laws.

12. On Divorces among the Poor.

13. On Superstition.

14. On Judicial Superstition.

15. Attempts to Reform Defects and Abuses in Criminal Law.

16. On a Public Prosecutor.

17. On Ignominious Punishments.

18. On Cruel Punishments.

19. On Military Punishments.

20. On the Regard to be had to Sex, Age, and Condition of Life in

inflicting Punishment.

21. On Punishments to Children.

22. On Transportation.

23. On Conspiracies to convict innocent Men.

24. On Confession and Denial after Conviction.

25. On Perjury.

26. On the Punishment of Perjury.

27. On Shoplifting.

28. On Petty Treason and Murder.

29. On Appeals of Death.

30. Account of a Criminal Trial in Scotland.

31. On Suicide.

32. On Blasphemy.

33. On Bigamy.

34. On Felony.

35. On the Clergy as amenable to Criminal Law.

36. On Forestalling and Regrating.

37. On Laws against unusual Crimes.

38. On allowing Counsel to Persons accused.

39. On Compensation to Persons wrongfully accused.

specific evils in the law. They were written at various times, and, for the most part, before the writer appears to have indulged in any expectation of becoming Lord Chancellor, but which, when he entertained that idea, he reconsidered, made various additions to, and incorporated in the manner already mentioned, with his reflections on the legislative duties of that office.

A series of propositions relating to the ministerial duties of Lord Chancellor are collected in the papers entitled "Memoranda of things to be done on entering into office," similar to those relating to the reform of the law; but, from the different nature of the subject, they are less developed in accompanying manuscripts, and contain fewer references to extrinsic sources of information. The following are selections from these propositions :

1. "To keep lists of persons qualified for the different offices in my appointment, and to designate in my own mind who shall succeed upon the first vacancy to avoid the evil of the offices remaining long vacant, and to prevent solicitation of candidates.

2. "To find out, and bring forward, talents wherever they can be found. In doing this, to

40. On the Policy of giving Rewards on Conviction. 41. On frequent Public Executions.

42. Observations on Eliza Fenning's case.

43. Observations on Bentham on Punishment.

It was respecting that portion of these Essays which relates to the Criminal Law, and some other papers not here enumerated, that the direction in a codicil to his Will, mentioned in the Preface to the First Volume, refers.