the bigotted lawyers of his day, who discovered in every change a destructive innovation. Thus the abolition of the military tenures, a measure which had been long called for by the alterations in the state of society, was strongly disapproved of by Sir Francis North. "He thought," says his brother," the taking away of the tenures a desperate wound to the liberties of the people of England, and must, by easy consequence, procure the esta blishment of an army."

In the reign of Queen Anne, the subject of amending the law attracted the attention of Burnet, amongst others, who, in the History of his own Times, has thus alluded to it: "There are two things of a public nature, which deserve the care of a Parliament; the one must begin in the House of Lords, and the other in the House of Commons. The Law of England is the greatest grievance of the nation, very expensive and dilatory. There is no end of suits, especially when they are brought into Chancery. It is a matter of deep study to be exact in the law; great advantages are taken upon inconsiderable errors; and there are loud complaints of that which seems to be the chief security of property, I mean juries, which are said to be much practised upon. If a happy peace gives us quiet to look to our own affairs, there cannot be a worthier design undertaken, than to reduce the law into method, to di

gest it into a body, and to regulate the Chancery, so as to cut off the tediousness of suits, and, in a word, to compile one entire system of our laws. The work cannot be undertaken, much less finished, but by so great authority, as at least an address from the House of Lords to the Queen.

"Nothing, after the war is happily ended, can raise the glory of her reign more than to see so noble a design set on foot in her time. This would make her name sacred to posterity, which would sensibly feel all the taxes they have raised fully repaid them, if the law were made shorter, clearer, more certain, and of less expense.” (Burnet, vol. iv. p. 445.)

We are told by Barrington, (Observations on the Ancient Statutes, p. 563,) that towards the middle of the last century, Sir William Young moved for a Committee of the House of Commons, for the purpose of revising the Criminal Law, and was himself appointed chairman; but that nothing material was either done or resolved upon.

At length a select committee has been appointed, "to consider the expediency of consolidating and amending the Criminal Law of England," and no rational doubt can be entertained of their reporting in favour of such a measure. In what manner the reform is to be effected is a most important and difficult question. Lord Ba

con recommends the appointment of commissioners, to be nominated by both Houses of Parliament. Sir Matthew Hale is of opinion, that the bills should be prepared by the Judges and other "Sages," who should be examined respecting them before the Committees of both Houses: and a third mode is proposed by Mr. Daines Barrington. (Ancient Statutes, p. 563.) The success of the attempt will greatly depend upon the character of the parties who are entrusted with the execution of it; and it is to be hoped, that Parliament will display the greatest prudence in the selection of them.

"Sir Thomas More, on the day that he was beheaded, had a barber sent to him, because his hair was long, which was thought would make him more commiserated by the people. The barber came to him, and asked him, whether he would please to be trimmed?' 'In good faith, honest fellow,' saith Sir Thomas, the king and I have a suit for my head; and till the title be cleared, I will do no cost upon it.' (Bacon's Apothegms.)

THE GOOD JUDGE.

"The good advocate, whom we formerly described, is since, by his prince's favour, and his

own deserts, advanced to be a judge, which his place he freely obtained, with Sir Augustine Nicolls, whom King James used to call, the Judge that would give no money; otherwise, they that buy justice by wholesale, to make themselves savers must sell it by retail.'

"He is patient and attentive in hearing the pleadings on both sides, and hearkens to the witnesses, though tedious. He may give a waking testimony, who hath but a dreaming utterance; and many country people must be impertinent, before they are pertinent, and cannot give evidence about a hen, but first they must begin with it in the egge. All which our judge is contented to hearken to.

"He meets not a testimony half way, but stayes till it come at him. He that proceeds on half evidence, will not do quarter justice. Our judge will not go till he is led. If any shall brow-beat a pregnant witnesse, on purpose to make his proof miscarry, he checketh them, and helps the witnesse that labours in his delivery. On the other side, he nips those lawyers, who, under a pretence of kindnesse to lend a witnesse some wordes, give him new matter, yet clean contrary to what he intended.

Having heard with patience, he gives sentence with upwritenesse. For when he put on his robes, he put off his relation to any; and, like

Melchisedech, becomes without pedigree. His private affections are swallowed up in the common cause, as rivers lose their names in the ocean. He, therefore, allows no noted favourites, which cannot but cause multiplication of fees, and suspicion of by-wayes.

"He silences that lawyer who seeks to set the neck of a bad cause, once broken, with a definitive sentence, and causeth that contentious suits be spued out, as the surfets of Courts.

"He so hates bribes, that he is jealous to receive any kindnesses above the ordinary proportion of friendship, lest, like the sermons of wandering preachers, they should end in begging. And surely integrity is the proper portion of a judge. Men have a touch-stone whereby to try gold, but gold is the touch-stone whereby to trie men. It was a shrewd gird which Catulus gave the Roman Judges for acquitting Clodius, a great malefactor, when he met them going home well attended with officers: You do well (quoth he). to be well guarded for your safety, lest the money be taken away from you, you took for bribes.' Our judge also detesteth the trick of mendicant Friars, who will touch no money themselves, but have a boy with a bag to receive it for them. When he sits upon life, in judgment he remembreth mercy. Then, (they say) a butcher may not be of the jurie; much lesse let him be a judge. Oh,