of our law. An obnoxious doctrine is modified, an antique absurdity abolished, or a vexatious form of procedure cut off, whilst the main body continues compact. Besides, we much doubt whether innovations of a much more sweeping character would materially vary the line of our studies or the contents of our shelves. Speaking of the changes undergone by English law between the reigns of Henry VII. and Charles II., Mr. Butler remarks: "There is no doubt but during the above period, a material alteration was effected in the jurisprudence of this country; but this alteration has been effected, not so much by superseding, as by giving a new direction to, the principles of the old law, and applying them to new subjects. Hence a knowledge of ancient legal learning is absolutely necessary to a modern lawyer." The high and enduring reputation of `the first Institute-the fact that no one is even now reputed a sound real property lawyer who has not made it a peculiar object of study-is a sufficient confirmation of these remarks, and they apply with double force to the work before us, of which only a small portion, comparatively speaking, is old. By a strange felicity, indeed, the original defects have been the means of adding greatly to the practical utility of the compilation, by imposing upon modern editors the task of reconstructing the whole.

Bacon's Abridgment, on its first appearance, was principally composed of some unfinished tracts which Chief Baron Gilbert left behind him at his death. Sir Henry Gwillim thus describes the mode in which Bacon discharged the duties of an Editor:

"In the course of the work, Mr. Bacon seems to have made different use of the materials that lay before him, sometimes taking the tracts at length, sometimes giving only extracts from them but whether he inserted the whole of any tract, or only a part of it, we have reason to think he inserted it just as he found it. If the author, in different treatises, in order to make each treatise perfect within itself, introduced the same matter conveyed in the same expression, the com

Preface to the 13th edit. of Co. Litt.

piler implicitly copied it, and under different titles of his work introduced the same passages to the extent of several pages. If the manuscript were in any part defective, if the subject were but partially treated of in them, the titles which related to those subjects were left equally defective in the abridgment. The compiler,seemed to have as little inclination to supply the deficiencies of his author, as he had sagacity to mark or correct his errors.

"With these defects and redundancies the work has passed through three subsequent editions; the only anxiety discoverable in the later editors being to crowd it with references to cases inapposite to the point in the text, and which, at the best, had only some relation to remote branches of the general subject."

In the edition (the fifth) of 1798, Sir Henry Gwillim làboured and, in professional opinion, successfully, to cure the evils he specifies, and to bestow an entirely new character on the work. The following paragraph, in which his own labours are spoken of, is too interesting to pass by; though, strictly speaking, we have to do only with the present edition. It is a palpable imitation of Johnson's famous preface to his Dictionary, but not an unsuccessful one:

"He (the Editor) has attempted to mark, and guard his readers against the mistakes of the author; but he is sensible that many, too many, erroneous passages have been suffered to pass without observation. In the course of so long a work it cannot be expected that the exertions of the mind should be always found equal, or that it should always be alike disposed to proceed in the task it had undertaken. It must occasionally sicken at some parts of the labour as beneath its attention, and shrink from others as beyond its powers. It is well known that the most obvious errors sometimes most easily escape detection. In reading, every man must have felt that his mind is sometimes more attentive to its own preconceptions on the subject, than to the ideas of the author; and the better it is satisfied with the rectitude of the former, the more steadily it pursues them, and the less sensible it is of the aberrations of the latter. The form, too, in which error presents itself to us, may help to facilitate its escape: it is more likely to pass

silently and unobserved when proposed in the form of a simple affirmation, than when it challenges our enquiry in that of an interrogation. We often readily admit upon a statement what we should instantly deny, if it were offered to us in the way of question."

C

The sixth edition, which was merely a reprint, appeared in 1807; and then an interval of a quarter of a century occurs before we arrive at the seventh ;-the joint production of Sir Henry Gwillim and Mr. Dodd, who (reckoning from 1798) have had about thirty-three years of decisions and statutes to incorporate. The greater part of the labour (as may be seen from the title page) and the critical duty of giving the last finish for the press, fell to the share of Mr. Dodd; and the style in which he has executed his undertaking reflects the highest credit on his talents and industry. Of course we do not pledge our ourselves for the soundness of his judgment and the fidelity of his references throughout, - a thorough bonâ fide review of a practical law book would be almost as great a labour as writing it-we only say that we have taken some pains to form a fair estimate by specimens, and that the result is decisively favourable to him.

Sir Henry Gwillim left little to be done in the way of verifying references, retrenching redundancies, expunging unintelligible passages, and, generally, in purifying and perfecting the text; nor are the recent alterations in arrangement considerable.' Those that have been ventured on, however, have added much to the facility of reference; a point of first-rate importance in a work, to which, from the compression of the matter and the multiplicity of heads, a complete analytical index is impossible. Mr. Dodd, also, very often gives a sub-reference, on somewhat the same principle as is pursued in our Digests. The quantity of new matter is immense. The following heads, or sub-heads, for example, are entirely new :

Assumpsit, (G), Where indebitatus assumpsit lies. Bankrupt, (A), (G), (H), (I). Bastards, (B), "Of their capacities and incapacities." In Legacies and Devises, the sub-heads under C, and in Legacies (vol. 5. p. 115) all the sub-heads 1 to 8. Libel-head "Pleadings and Evidence" is new, and

1 The heads of Agreement, Annuity, and Stamps, afford favourable examples of

alterations of this kind.

the other divisions are improved; Marriage and Devisehead (D) Foreign Marriages, is entirely new ; So are Merchant (N) Of the provisions for encouragement of Shipping and Navigation; Obligation-head (E) Of the condition, &c.; Rent-the sub-heads 7 and 8, under (K), (vol. 7. p. 4.); Setoff-the sub-heads 1, 2. under (C); Sheriff-head (O).”

As to the additions, they will be found very extensive under heads Action, Action on the Case, Agreement, Annuity, Assumpsit, and especially Bankrupt, where the variations between the new act and the old acts are clearly marked; very large under tit. Legacies and Devizes; under Merchant, which includes Partners, Principal and Agent, Bills of Exchange, Average, Insurance, Shipping, &c.; and under Mortgage-Pleas and Pleading-Release-Rent-Setoff-Sheriff. Smuggling and Customs (D),Of the present State of the Customs-was necessarily remodelled to introduce the new Customs Consolidation acts, 6 Geo. 4. c. 106., c. 107., c. 108., c. 111., c. 112., c. 113.; the old acts repealed were 387 in number. The additions are large in Trespass, Trial, Trover, and especially Tythes, and Wills and Testaments. In Uses and Trusts, great part of which corresponds exactly with Gilbert's Treatise on Uses, Sir E. Sugden's valuable notes to his edition of that work are generally introduced or referred to. In Remainder, which is an entire treatise of C. B. Gilbert communicated by Mr. Hargrave to Sir H. Gwillim and first published in the last edition, in addition to the new cases, there are many notes from Fearne and Butler on the subject treated of.

The main object has evidently been practical utility, but we find occasional specimens of curious research; for instance, vol. 1. p. 186. on the formerly contested question of the criminal responsibility of ambassadors. The work has been brought down almost to the very time of printing. Even the new Bankrupt Court Act appears as an addendum. The extent of the additions to this edition (says Mr. Dodd), may be estimated from the fact, that the cases in the index are about twice the number of those in the former editions, and there is an increase of about fifteen hundred pages. The only assistance he received was from Mr. Blanshard (barrister of York), who, as acknowledged in the preface, aided in preparing

the titles in the fifth volume, from " to" Monopoly," both inclusive.

Legacies and Devises"

We cannot close these observations better than by requesting the reader to take another glance at the heads we have particularised -- necessarily those in which the greatest changes have been wrought-and then ask himself what degree of justice there is in the notion we began by contending against. H.

ART. IX.-THE NEW REFORM BILL.

A NEW Reform Bill has passed the second reading in the House of Commons, differing in many of its provisions from the bill rejected by the Lords. The changes which this measure has undergone present an interesting subject of inquiry at this moment; affecting in no slight degree the conduct of ministers, and the critical situation of the two houses as they regard each other. Much difference of opinion has already started up on all sides, much division both amongst the opposers and the supporters of the old bill, whether journals or individuals, as to the nature and tendency of the changes introduced. On one side we hear assertions of equal efficiency uniting with clamorous outcries against undiminished mischief; on the other side complaints of defection from the good cause making most discordant concord with ebullitions of a boisterous triumph; a triumph at once unseemly and premature, as it seems personally to exult over concessions made in a matter of public concern, before it be seen or even weighed whether the changes adopted are for the better or the worse. We, whose period of publication has allowed us leisure to reflect before uttering an opinion, and whose province and character preclude us from the expression of any political or party feeling, have felt somewhat of a