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Changes in the Law.

463 qualified from continuing to hold sach office, borougb gaol, and the sheriff of such county, and also from being thereafter elected or ap- riding, parts, or division of a county, liberty, pointed to fill any corporate office within any or jurisdiction shall not be answerable for the such city or borough. (s. 39.)

safe custody of any such prisoner : Provided Borough Gaol may be built beyond the Limits also, that it shall be lawful for the person or of the Borough.-That it shall be lawful for persons in whose custody such prisoner would the mayor, aldermen, aud burgesses of any have been if imprisoned within the borough borough, by their council, to contract for the gaol to take such security from the gaoler or purchase of, and to have and hold to them and keeper of the gaol to which any such prisoner their successors, any lands not exceeding in shall be so renoved, for the safe custody of all the whole five acres, either within or beyond such prisoners, as shall be agreed on between the limits of the borough, and to build thereon the council and justices aforesaid. (s. 42.) a town hall, council house, police office, gaol. Period to which Accounts shall be made up. or house of correction for the borough ; and —And reciting that an act was passed in the any such gaol or house of correction, although last session of parliament, intituled, “An Act built beyond the limits of the borough, may be for the better Administration of the Borough declared by a resolution of the council, and Fund in certain Boroughs," providing among upon such resolution shall be taken to he, the other things that accounts of the receipt and gaol or house of correction of the borough, expenditure on account of the mayor, alderand shall be within the same jurisdiction and men, and burgesses of such boroughs should shall be governed and regulated in like manner be sent to one of his Majesty's principal Secreas if within the limits of the borough. (s. 40.) taries of State, and be laid before both Houses

Gaols, &c. under County Jurisdiction pre- of Parliament; be it enacted, that every such vions tv 6 & 7 W.4, c. 103, excluded from the account shall be made up to the last period of Provisions of that Act.-And reciting that by audit of the said receipt and expenditure, and the extension of the boundaries of certain not further or otherwise. (s. 43.) boroughs, cities, and places, the county gaols, Orders for Payment of Money may be recourt houses, depôts for militia arms, and other moved into the Court of King's Bench by cerpublic edifices and offices of counties have been tiorari. And reciting that it is expedient to included within the boundaries of those cities give all persons interested in the borough fund or boroughs, and are thereby subject to the of every borough a more direct and easy jurisdiction of such cities or boroughs and of remedy for any misapplication of such fund; the sheriffs and other municipal authorities it is therefore enacted, that any order of the thereof; in remedy whereof it is enacted, that council of any borough for the payment of any all county gaols, courts, depôts for arms, and sum of money from or out of the borough fund all lands, buildings, easements, and appurte- of any borough may be removed into the Court diances thereunto belonging, which before the of King's Bench by writ of certiorari, to be passing of the act passed in the last session of moved for according to the usual practice of parliament to make temporary provision for the said Court with respect to writs of cerriothe boundaries of certain boroughs, or the rari; and that such order may be disallowed authorized extension of the boundaries of any or confirined upon motion and hearing, with borough since the passing of that act, were in, costs, according to the judguient and discretion of, or belonging to any county, shall be taken of the said Court. (s. 44.) to be and considered and shall remain part and | Manner of transferring corporate properly parcel of such county, and under the exclusive standing in the Bunk buoks, 8c. That any stocks, jurisdiction of the authorities of such county, funds, or public securities which may be stan. as if the said last-mentioned act had aut passed. ding in the books of the governor and company (s. 41.)

of the bank of England," or of any other pub. Certain Borough Debtors and Prisoners in lic company or society, in the name of the Contempt may be removed to the County Gaol. mayor, alderman, and burgesses of any borough -That in every case in which by virtue of any either under their present or under any former contract made between the council of any style or title of incorporation, and the dividends borough and the justices of any county, riding, and interest thereof, and all bonuses and acparts, or division of a county, liberty, or juris. cretions thereunto, which shall belong to the diction, according to the provisions of the body corporate of such borough, without being said act for regulating corporations, the gaol subject to any trust for charitable purposes, belonging to such county, riding, parts, or may be transferred by and paid to such person division of a county, liberty, or jurisdiction or persons as the council of the said body corshall be used as the gaol of such borough, porale shall appoint by an instrument in wri. prisoners for debt or in contempt arrested in ting under the corporate seal of the borough ; any such borough under any process from any provided that such instrument of appointment court may be taken and removed from such shall be signed and sealed also by the clerk to borough and confined in that part of such gaol the charitable trustees of the borough, who is which is appropriated to debtors, and such hereby directed, upon request, to sign and seal removal shall not be taken to be an escape: the same. (s. 45.) Provided always, that every such prisoner sball Manner of transferring charitable property, still be taken to be within the legal custody of standing in the Bank books, 80.-That any the 'person or persons in whose custody he stocks, funds, securities, and monies standing would have been if imprisoned within the as aforesaid in the name of any such body cor

464

Changes in the Law.Notices of New Books : Johnson's Life of Coke.

porate, which shall belong to the charitable Powers of the act 5 & 6 W.4, c. 76, may be trustees of the borough solely upon soine cha- grunted by the crown to towns or boroughs though ritable trust or trusts, may be transferred by not corporale.-That if the inhabitant houseand paid to such person or persons as shall be holders of any town or borough in England or appointed under the hand and seals of the Wales shall petition his Majesty to grant to greater part of the trustees, which appointment them a charter of incorporation, it shall be shall be attested under the hand and seal of the lawful for his Majesty, by any such charsaid clerk, provided that such instrument as ter, if he shall think fit by the advice of last aforesaid shall be also sealed with the his privy counsel to grant the same, to extend corporate seal of the borough, and the mayor to the inhabitants of any such town or borough of the borough is hereby required, upon re- within the district to be set forth in such char. quest, to cause the seal of the borough to be ter all the powers and provisions of the said alfixed to such instrument of nomination. act for regulating corporations, whether such (s. 46.)

town or borough be or be not a corporate town By what authority and to whom dividends of or borough, or be or be not named in either charitable and corporate properly, standing in of the schedules to the said act; provided the Bank books, fc. shall be paid.--That the nerertheless, that notice of every such petition dividends and interest of any stocks, funds, and of the time when it shall please his Majessecurities, and monies standing as aforesaid in ty to order that the same be taken into consi. the name of any such body corporate which deration by his privy counsel, shall be publis. shall belong partly to the said body corporate, hed in the London Gazette one month at least but subject to some charitable trust or trusts, before such petition shall be so considered, may be paid to such person or persons as shall but such publication shall not need to be by be auihorized to have the same paid to him royal proclamation. (s. 49.) or them, by an instrument in writing under Business to be iransacleil at general or quarter the corporate seal of the borough, and appoin-sessions for the counties 8.c in which boroughs ted under the hands and seal of the greater are situate.-That, in all boroughs and places part of the trustees, which appointment shall | where general or quarter sessions of the peace be attested under the hand and seal of the said have under and by virtue of the said recited act clerk. (s. 47.)

ceased or been discontinued to be holden, all Receipts for monies and applicution thereof. such business, matters, and things which, under That in every case the receipt of the person or by virtue of any general or local act of paror persons authorised to give a receipt to the liament, or any usage or custum, ought or said company or society, by any instrument un- were usually heard, decided, or transacted at der the corporate seal of the said borough, and such general or quarter sessions by the justices also signed and sealed by the clerk to the char- of the peace, with the assistance of any juries itable trustees, shall be an effectual discharge there assembled, shall and may hereafter be to the said company or society, and all monies heard, decided, and transacted, by the general 80 paid shall be applied to the uses and in or quarter sessions of the peace for the counthe manner provided by the said act; that is ties, ridings, or divisions, liberties, or jurisdicto say, so ipuch of the said nopies as may be tions in which such boroughs are situate, and held on charitable trusts shall be paid over to by the justices of the peace and juries there as. the charitable trustees of the said borough, and sembled respectively. (s. 50.) so much as the said body corporate shall be entitled to beneficially shall be paid over to the treasurer of the borough, and applied as directed by the said act as part of the borough

NOTICES OF NEW BOOKS. fund; but no such public company or society as aforesaid shall be bound to see to the due

The Life of Sir Edward Coke, Lord Chief application thereof, or to the validity of the appointment of the clerk to the charitable trus.

Justice of England in the reign of James I, tees, or to the execution of any such instru.

with Memoirs of his Contemporaries. By ment by any of the said trustees, or to inquire Cuthbert William Johnson, Esq., of whether or not the said stocks, funds, securi. Gray's Inn, Barrister-at-Law. In two ties, or monies are charged with or held upon vols. Vol. I. London: Henry Colburn, any charitable trust; and every person autho

1837. rised to receive any monies under this act shall account to the council and to the charitable We always readily welcome any biogratrustees respectively for all monies so received phical work relating to the great worthies by him, and the council and trustees respec- of the law, and therefore gladly turn our tively shall have the same remedies against any attention to Mr. Johnson's life of Sir Edsuch person refusing or wilfully neglecting so ward Coke. We cannot commence our to account as are provided by the said act for regulating corporations in the case of a trea

notice of the work more appropriotely, than surer or other officer appointed by the coun-1 by quoting the author's Introduction. cil refusing or wilfully neglecting to account, | “The works (he says) of Sir Edward Coke as provided by the said act, during the con- have been long familiar to the legal profession; tinuance of his office, or within three months to no English lawyer, indeed, are his gigantic after the expiration of his office. (s. 48.) labours unknown. But with regard to the life

Notices of New Books : Johnson's Life of Coke.

465 of their great author, with the exception of positions in which he was of necessity the the able notice by Oldys, in the Biographia aggressor. In short, while reviewing at this Britannica, little has yet been accomplished. distant and improved period of human cultivaTo the readers of English history, Coke is tion, the life of this, in many respects, truly principally known as the pleader who so ran- great man, let us not withhold froin our esticourously conducted the prosecution of Sir male that liberal interpretation of his failings, Walter Raleigh; and he is hardly remembered the absence of which, in his estimate of others for anything except the part which he played was Coke's chief error.” in that melancholy trial. To this, many cir. cumstances have contributed; he was much

Mr. Johnson has bestowed great pains in too independent in his political conduct to be

the execution of his interesting task. He a favourite with the historians of either party; has ?

has not only availed himself of all the too patriotic for the royalists; his high pre- sources of published intelligence, but has rogative legal opinions were, on the other hand, pursued his inquiries amongst manuscripts, equally distasteful to the republicans.

and has visited every place, and made ap“In this work, I have endeavoured to supply the deficiency above referred to; and for this

plication wherever it was likely that inforpurpose have availed myself of the stores con

mation could be obtained. The materials tained in the Plumian Library, in my own im- thus learnedly and carefully collected, have mediate neighbourhood; that of Lambeth, been wrought up by the author in an ani. which has been opened to me by the kindness mated and judicious manner, and with a of his Grace the Archbishop of Canterbury, spirit and feeling highly creditable to his and that of Holkham, through the liberal character as a member of the profession. hospitality of the Earl and Countess of Lei

We shall for the present, confine our cester. “In none of these collections, however, nor

review of the author's labors to such parts even among the splendid stores of the British of them as may be gratifying to the student Museum, have I found so many original letters and the younger members of the profession. of Coke as I once anticipated. In truth, the | The author observes that, now remaining correspondence of this great lawyer is extremely limited, and not much dis. “To the law student, the life of Sir Edward tinguished either for its ease or its elegance : Coke is full of materials for the most careful, and, upon the whole, our knowledge of his pri- the most serious reflection. Riches did not vate life is but little extended by his own render him idle, affluence did not enervate writings.

him. Born to a competent estate, he yet laIn the present work I have endeavoured boured in his profession as if for his very existto do justice to Coke's character, by showing ence. Rising froin his bed before day-break, him not only as the lawyer and the author, but he studied unceasingly until weariness comas the unilinching patriot, for in all these pub. pelled him to seek repose. He was one of the lic relations he puts forth the highest claims to few eminent lawyers on whom, as Lord Wood. our gratitude and admiration-claims which houselee justly remarks, ‘fortune has bestowed he well maintained to the end; for at the age hereditary affuence; for, to a man of talents of fourscore we shall find him still the same and of moderate activity, the possession of a ardent lover of his country as in the prime of competence in early life is very far froin being life; still exerting his great powers and ac- an advantage.' quirements, as when he was Attorney General “Coke did not start in life with both the to Queen Elizabeth.

great advantages which Lord Talbot considerAt the same time, I have on no occasion ed the best endowments of a law student, endeavoured to conceal Coke's great and parts and poverty,' for he had a family estate, manifold defects, so often displayed during his and excellent connexions—connexions which long and eventful career. But, in reviewing through life he studiously, perhaps too carethese errors, we must not forget the character fully, preserved and extended, certainly in his of the age in which he lived. We must re | latter days more so than accorded with his member, that moderation of language, and happiness. He commenced however with still liberality of feeling, were not then the fashion-greater endowments than these: namely, with able attributes of public characters, or mild- a moral courage which no difficulties appalled, ness of punishment the desired attribute of the and with habits of industry, for which no incriminal code of England. Moreover, we vestigation was too tedious or intricate. must not forget that if Coke, in common with “It would be unjust to the student to hold the political party with whom he associated, I up Coke as a perfect model for his imitation, soinetimes outstepped the bounds of modera for he had many great and important defects tion and humanity, he was surrounded by diffi- of character. He was proud in the extreme, culties and perplexities at once novel and un-imperious and overbearing. This pride was precedented; that he was claiming for the one great actuating principle which followed Commons privileges never before exercised, I him through life, was distinguished in his two and combating mighty prerogatives of the marriages, in his plearlings, in his decisions as crown, which had been long enjoyed without a judge, in his contests with Bacon, in his inresistance ; that he was very often obliged to trigues at court, in the marriages of bis chil. argue without authorities, and to maintain dren, and even in his speeches in parliament.

466

Notices of New Books': Johnson's Life of Coke.

“ His pride, however, was not confined to and, in the following year, April 24, 1572, enhimself, storehoire as he was of coininon law, tered himself a student of the Inner Temple. or to his own gigantic acquirements. He felt As a student, it appears, he speedily was proud of the eqnity of the laws of Eugland, noticed for a very close application to his prond of his country and of his country's sturlies ; and more publicly by a very clear rights, and, when lottering towards his grave, statement to the Benchers of the Conk's case, in one of his last addresses to the Commoners which had considerably embarrassed these of England, he again spoke of his country's grave lawyers and who very much adipired glories, of the feals of her children in by-gone the way in which Cokc unravelled the story. days of criu inphant victories, with all the It was probably a case relating to the inanage. buoyant enthusiasm of youth. This proud ment of the House, with which I confess my. feeling of patriotisın is discernable in all his self unacquainted. works; it is found in every page of his · Com. | “He was admitted to the bar in his twentymentaries,' and it peeps out even in the dry seventh year, when he had been a meinber of prefaces, to still more uninviting reports. the Middle Temple only six years, which at

“His ever anxious solicitude for the progress his age was thought to be a very extraordinary of the student was worthy of so great a inan. circumstance, for the students were then ac. It was not with hiin an occasional feeling, for customed to remain eight or nine years on the it will be found beaining through all his gigan- books of the society, before they were called. tic labours-he let no opportunity escape to “From the period when Coke left Camfurther this benevolent intention,

bridge, until his twenty-eighth year, when he "Of Coke's morality, of his religious feel-pleaded his first cause, I have few materials ings, we have abundant evidence. The student from which I can learn the course of his stů, will not fail to be struck with the testimony dies, the books he read, or the students with he gives to the unvaried non-success of every whom he associated. That he was not an idle lawyer of his day, who was distinguished for reader is proved by his published works; for his disregard of the rules of virtue or the laws he never touched upon any theme, commented of God."

upon a section of his author, or reported any Of the early studies of Coke we have the case, but he apparently exhausted all the learn

ing which could be applied to the subject. following account.

His habit of early rising, which attended him “ He remained at the University four years. through life, gave him ample time for his stu. There is no account of his studies to be found dies. "His grandson, Roger Coke, tells us that at Cainbridge ; there exist no traditions con he usuatly rose at three o'clock in the morning, cerning his sayings and doings. Being intend. and in his time, the courts seldoin sat later ed for the profession of the law, he probably than noon. The business of a barrister having paid more attention to the study of Norman the most extensive practice would then leave French, and to the year books, than to mathe- him ample space for a very careful and extendmatics or classic lore.

ed course of study. The cases, too, in Coke's «He had now arrived at an age when young day, principally involved questions of real propersons begin to acquire the chief portion of perty: these were rare, and others not more the useful information which they are to benefit important weré trivial oncs of defamation of by in life. Coke certainly was not an idler; I character. Trials on bills of exchange were he early began to 'read such books as would then nearly unknown. There are not moro serve him in his future professional pursuits. than two or three reported cases of this descripAmong the books at Holkham Hall, there are tion previously to the time when Coke quitted many law authorities, containing his auto- the bench. Few cases then occurred of the graphs and nutes, dated at a very early period kind, which now so incessantly occupy the of his life. He must have possessed from his attention of the courts. The labours of the boyish days the power of intense application, ljudves were slight. in a very reinarkable degree. The books "The course of legal study was, in his time, which he studied so steadily, and so perse rather different from the system at present veringly, were of a nasure which almost defy adopted. A student was then usually obliged the mental digestion of a modero student.

to be eight years on the books of an inn of "Tirere were then no law books written court before he could be called to the bar; with the elegance of Blackstone's Commen

five years longer than is at present necessary. taries, or Fearne's Contingent Remainders. "Clifford's Inn, as well as several other Every law authority was composed in the bar- subordinate inns, were then, as now, appenbarous law French of the age, and Coke haddages to the larger Inns of Court, and in to struggle to obtain knowledge from such these it was usual for the law students to dwell, authors as Fleta, Britton, Hengham and Lit-land associate rogether, for the purpose of tleton, from the year books, and the reports study and the disputation of doubtful or diffiof Plowden and Dyer."

cult points of law. The practice has long Mr. Johnson thus describes Coke's com- been disused, I learn from an old manuscript ing to London, and his course of study at of

at of the time of Henry VIIT, that in these inns

a curious systein of study was then adopted. the Inns of Court :

"* After dinner and supper,' says this writer, “ Ip his twenty-first year, Coke was removed the students and learners, in the house, sit froin Canıbridge to Clifford's Inn, in London, together, by three and three, in a company;

Notices of New Books : Johnson's Life of Coke.

467

and one of the three putteih forth some doubt- I dated 2nd October 1576, he has written : This ful question in the law to the other two of his was the first purchase made by the aforesaid coin pany; and they reason and argue unto it Sir Edward Coke.' These purchases succeed. in English ; and at last, he that putteth forihed each other with great rapidity, and at last the question declareth his mind, also shewing attracted the notice of government. There is linto thein the judgment, or better opinion of a tradition in the Coke family, that when he his book, where he had the same question ; was in treaty for the family estate of Castle and this do the students observe every day Acre Priory, in Norfolk, James I told him, that throughout the year, except festival days."" he had already as much land as it was proper

Ja subject should possess. To this Sir Edward Such, says our author, was the legal

replied, “Then, please your Majesty, I will only school in which Coke was educated. add one acre more to the estate.”

“That he was industrious and persevering, rime, hy its fruits, demonstrated; pleasure did

el Of his style and manner of pleading, mot tempt him from the dry lecal inquiries of says Mr. Johnson, we have no very correct his profession; he was never even suspected account. of any licentious conduct. If the youth is the “His recorded speeches are distinguished epitome of the man, he was proud and reserved, for their legal knowledge, their learning and economical in his expenses, neat in his dress, their close adherence to the facts of the case ; ambitious of distinction, and leaving no means there is little trace of imagination ; lie was unemployed to realize his aspiring hopes, the seldom figurative, and still more rarely elofondest wislies of his heart.

quent. His speeches, to a modern reader, "His public principles, there is little doubt, will often appear tedious from the mass of partook of the spirit of the age. Born in the facts with which they are inelegantly crowded ; short reign of Edward VI, he first became a and their effect is by no means assisted by the public character in the reign of Elizabeth, writers whom it was his fate to have as rewhen an intense dread of popery and an earnest, I porters. grateful adıniration, of Elizabeth's services in “I bare already stated that the first cause in the cause of protestanism threw a veil over which Coke was engaged was in Trinity term even her most arbitrary proceedings ;-public 1578, when he appeared as counsel for the fcelings, wliich were completely lost in the defendant, in the case of the Lord Cromwell reigns of her not inore arbitrary, but inore against Denny. From this case, which was selfish successors.

an action of slander, his client the Rev. E. “ In Trinity term 1578, Coke pleaded his Denny, vicar of Norlingliam in Norfolk, apfirst cause; his practice speedily became con-pears to have had the misfortune of such a siderable, and, soon after this great event in a neighbour as the Lord Cromwell, who introJarrister's life, lie received the appointment of duced as preachers into Norlinghain Church reader of Lyon's Inn, a situation which he held two unlicensed persons. These, in their serfor three years with the highest credit. mons, denvunced the book of Common Prayer,

“«The benchers,' says the manuscript I have as inpious and superstitious. For this reason, before referred to, 'appoint the utter barristers when they again came to preach, the vicar ento read among thein, openly in the hall, of deavoured to prevent them, but, being supwhich he has notice half a year before. The ported by Lord Cromwell, they succeeded in first day he makes choice of some act or sta-gaining possession of the pulpit. At this time tute, whereupon he grounds his whole reading some bigh words passed between Mr. Denny for that vacation ; he reciteth certain doubts, and Lord Cromwell, who exclaimed in his and questions, which he bath devised upon the anger, “Thou art a false varlet, and I like not said statute, apd declares his judgment there-of thee.' To this the former replied, “It is no upon, after which one of the ulter barristers inarvel that you like not of me, for you like of repeateth one question, propounded by the these (meaning the preachers) who maintain reader who did put the case, and endeavours sedition against the Queen's proceedings.' In to confute the objections laid against him. the action for these words, the Lord Cromwell The senior barristers, and readers, one after faileil, another was then coinmenced, but the other, do declare their opinions and judg. finally the matter was compromised. inents in the same, and then the reader, who “Coke's practice as a lawver was certainly did put the case, endeavours to confute the vh.very great ; we have it froin good authority jections laid against him, and to confirm his that he was employed in most of the great own opinion. After which, the judges and causes in Westminster Hall, and the tradition sergeants, it any be there, declare their opi- among the miembers of the bar is, that his nion.'

emoluments were equal to those of a moderni “ Coke liad begun, some time before this, Attorney General. to accumulate considerable property. His “ This is, probably, a correct report, when practice at the bar was lucrative, and the es- the difference in the value of money is taken tates left him by his father, had evidently in-lingo the account; for otherwise, such were the creased in his hands. There is at Holkham comparative sinallness of the fees then usually Hall, the original book of title deeds belonging paid to a barrister, that the gross amount of to Sir Edward, with various notes in his own the sums received by him could not have hand writing. Thus, at the end of the first amounted to the receipts of a modern lawyer indenture, which relates to Titleshall Austens, in first-rate practice.”

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