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ment, and the careful avoidance of collateral illustrations or remarks, can be compressed into three hundred octavo pages. We do not hesitate to say that this is not the kind of work, which, however accurately executed, we should think most profitable for the beginner. A volume of such character, one half the size of that before us, if made by the student himself, as both an exercise in mastering the subject, and an aid to his memory in after times, would represent an amount of reading which could not fail to leave a deep impress on the mind; so that, whenever the eye of the compiler glanced on a curt sentence of the manuscript, a living picture would be called up of the details and connections needed to clothe the skeleton sentence with a body. A very large part in fact of Dr. Leapingwell’s matter is, both in form and substance, just what it was evidently meant for—matter which an examiner would be very glad to see, and give very high marks for; but the examiner would be glad to see it just because he would know to a certainty that it could not have been acquired as reproduced, but must indicate still wider reading and knowledge; because, in a word, he would see in the candidate's papers what the candidate himself, or, if you will, the maker of our supposed manuscript, would see in his own sentences when recurring to them after a lapse of years But suppose a student beginning with such a compilation made for him by his tutor, instead of ending by making something like it for himself. Allow for the proportion of misapprehension, inevitable where the statements are so short and dry-—for the lapse of memory, where so many isolated facts are to be remembered—-for the false links imagined to connect those which are remembered, where every step beyond the printed word is upon unknown and therefore unsafe ground ; and then judge what must be the net product in an examination, or in the student’s own mind.
But we are compelled to say, that Dr. Leapingwell’s volume so abounds with instances of haste and inaccuracy, that it cannot even claim such credit, as, from the long popularity of Dr. Hallifax’s analysis on which it is founded, it would seem that in some quarters the plan possesses. It is somewhat remarkable
that on the very threshold, our author, for his only illustration of a legal right, chooses, without any warning to the student, one which does not exist by the law of England, though it did by that of Rome :-—-“ If I agree to sell my horse to my neighbour for £20, and, he having paid into my hands the £20 so agreed on, I then refuse to deliver to him the horse, the law will compel me.” ‘ In the next page is something yet more startling :—“ Law is a rule of action prescribed by some superior, and which the inferior is compelled to obey." Very well: but, if so, it follows that the laws of nature, which are mere fixed sequences of events, are only called so improperly, as all have admitted who define la‘-.v in that manner. We are amazed, then, to read as an “ea,-ample," “minutely testing the accuracy of the definition,” that if one weight draws up another by a string passing over a pulley, it is the superior which the other and smaller weight obeys. “ Merke them equal, and they will remain at rest. There is no longer any superior, and the rule ofaction is gone.” So Cambridge has lived to learn that there are no laws of equilibrium, and that statics are no longer a science l It is disagreeable to condemn; but when a book lays claim to be a manual for youth, the vast importance of preserving the atter from confidence in an erring guide,’ must overhear all other considerations. Lest, therefore, it should be thought that in the technical part of the work Dr. Leapingwell is sounder than in the philosophical, it will be necessary to make a few more citations. Thus, jns singulare is said to be “called also p1'2'vile_qz'um.”” . . . . The triu verba are explained as follows: “ Do, Dico, Addico. Dubai, the praetor granted petitions to sue and to plead. Dicebat viam in vinrlicizls, he determined what form of action the plaintiff should adopt (sic). Arldicebat, he gave judgmentz“ in which last interpretation, if an explanation be possible not totally wrong in spirit, the letter certainly is indefensible. And, besides the mistakes, how much of the meaning of the tria verba is here even attempted to be covered“? . . . . “ The erlictwn perpetuum was called the jus honorarium-, being chiefly derived from the album of the praator Honoratus.”1(l) . . . . “ If the slave were under thirty years of age (when manumitted), he only became a Latinus Junianus. But a Latinus might be raised to the privileges of a full citizen if his master afterwards manumitted him apud' consilium, justd
11>. 20. =P. 22. “P. 22. ‘ P. 29.
” 2 citing Gaius, i. 18; a passage we
causd probatzi et adprobatri, should have thought by no means dillicult to translate, and which simply describes the first manumission under the lc.-2: ‘Elia Sentia. The iteratio, or second manumission, mentioned in the third title of the long fragment of Ulpian, did not apply to those who were under thirty when first manuinitted, and was not made apud consilium, but in any of the three regular modes, per vz'n¢12'ctam, per censum, or per lestamentum. These will be sufficient instances of the great blunders; but we must also remark that a want of acquaintance is shewn with the best modern learning on the subject, though less than might have been expected from the meagre list of authors cited, because, as we gather both from the hint in the preface and from comparing several passages, the author has been to a considerable extent guided by the valuable work of Dr. Colquhoun, in which so many of the results of that learning are collected. One specimen of adherence to exploded error may be mentioned, because if‘, as is likely, the author had seen the truth in Colquhoun, it will furnish at the same time an instance of that besetting sin of compendiums, the preference of short statements to long ones, cwteris z'mparz'bus: we mean the assertion of a. plena pubertus at 18,“ when the Romans knew no such name, and there was really nothing more, after the true and only pubertas of 14, than the gradual accession of various powers and liabilities, which, as well as the ages when they respectively arose, require to be severally mentioned.
It must then be confessed that a good English work on the Roman law, for beginners, is still a desideratum ; and we cannot
better close this article than by pointing out to those who may be competent to supply it, how great a reward may be reaped in a seemingly humble field. For, were such a work executed as it should be, it would bear no mean part in impressing on the next generation of English lawyers those clear and accurate juristic ideas, the want of which is perhaps a greater obstacle to the simplification and amelioration of our laws, than any inherent difliculry in -the case, or than the opposition of any prejudice or any interest.
I.—-ANNUAL Rrronr or THE COUNCIL, non THE SESSION 18589.
(Read at the Annual Meeting, June 25, 1859.)
IN presenting their Sixteenth Annual Report, the Council have to express their regret that the period which has elapsed since the date of their last Report has not been favourable to the progress of Law Amendment, either in the way of measures passed by the legislature, or in respect of popular feeling on the subject. The circumstances which have prevented any important measure being carried in the legislature are well known, and need not be further adverted to. With regard to popular feeling on the subject, the Council have found that during the greater part of the present session of the Society, the state of parties at home and of the foreign relations of the country, the dissolution of Parliament, the change of ministry, and the war now raging in Italy, have tended greatly to divert the attention of the community from the objects which this Association has in view. Notwithstanding, however, the occupation of the public mind with more exciting subjects, the Society has proceeded in its inquiries into the various questions that have been brought before it; and, except during a. short period immediately following the dissolution of Parliament,’
general meetings have been regularly held, while committees
have sat on several subjects of much interest and importance. UNANIMITY OF JURIES.
The first question which came before the Society during the present session, related to a point of great practical momentviz., the unanimity of juries. During the last few years the question now referred to had begun to excite considerable attention, both amongst the public and in the profession. The increased intelligence of the classes from which jurors are taken ; the higher moral tone, with regard to every matter of public duty, which now pervades the community; the change in the rules of evidence relating to interested witnesses and parties, which has left less to the mere conjecture of juries; and the general unwillingness of men at the present day to acquiesce in mere fictions and other similar eontrivances of bygone times—have led to an increase in the number of cases in which jurors have been unable to agree on their verdict, and have caused the general question to be raised as to whether the present rule ought to be retained. The matter having been brought before the Society by Mr. Serjeant Woolrych, in a paper setting forth the advantages of unanimity, was referred to a committee, in which were several gentlemen of great experience both in civil and criminal trials. The committee reported in favour of retaining the present system in criminal cases, the principle of our law being that, before any man is convicted of a crime, such evidence should be adduced as will satisfy the minds of twelve jurors; but, with regard to civil cases, the committee were so equally divided that they resolved not to propose any resolution, or to report any definite opinion to the Society, but to leave the important question in the hands of members. When the report cameion for discussion, great diversity of opinion was found to exist amongst members on the subject of the unanimity of juries in civil trials ; and, after the matter had been considered at two meetings, it was finally resolved simply to receive the report of the committee. In