Page images
PDF
EPUB

judging; and it is said that he never had a single decision successfully appealed against, or in any way impugned. His administration of justice was characterised by strong sense, thorough knowledge of the law he had to maintain and apply, great resolution and practised skill in the discovery of truth—but with all this his kind-heartedness prevailed. The habit of contemplating vice, misery, brutality, and poverty, never rendered him callous. In him, justice and mercy, during his long judicial career, were ever united. To those who knew to what a hardening process familiarity with criminal law naturally tends, this quality of Broderip's character will appear peculiarly estimable.

In 1824 he edited the fifth edition of Callis on Sewers. This work, which combined antiquarian with strict legal learning, was one exactly suited to the taste and talent of the editor, and he was eminently successful in this capacity. About the year 1856, whilst he was one of the magistrates of the Westminster Police Court, he was attacked with deafness, for which he could find no remedy, and he accordingly forthwith resigned his office, which he had held for thirty-four years. If he had held it only for another year, he would have become entitled to his full pension; but rather than retain for a few months longer his seat on the bench, when he felt that his infirmity was a hindrance to his perfect performance of its duties, he resigned in the full expectation that he thus was sacrificing half his income. The government, however, very properly considered that his resignation, under such circumstances, admitted of the full pension being paid him, and accordingly this was so arranged.

When Mr. Broderip found himself, on his first appointment at the Thames police court, placed in the very centre of the greatest port in the world, he seized the opportunities which he then found for collecting the rare and curious natural objects brought thither from all parts of the world. His conchological cabinet soon became the most famous in this country, and it has happily now found its way to the national collection. Besides collecting assiduously and successfully, he occupied his pen upon his favourite subjects with frequency and elegance. According to

the Bibliographia Zoologiæ et Geologiæ, his literary contributions to the departments of science in which he most delighted were very numerous. The published proceedings of the Zoological Society, and the scientific records of other learned societies, contain many and valuable papers from his hand. He moreover furnished to the "Penny Cyclopedia” its excellent zoological articles, and to the New Monthly and Fraser's Magazines very charming and interesting papers, afterwards collected in a volume, entitled “ Zoological Recreations,” published in 1847. Another volume, entitled “Leaves from the Note-book of a Naturalist," appeared in 1852. He also wrote in the Quarterly Review several papers on natural history, which are distinguished for their acute observation and graphic description. His genial style in all the productions of his pen is that of a perfect scholar. As an example, perhaps, we may cite his “ Account of the Manners of a Tame Beaver," published in “The Gardens and Menagerie of the Zoological Society.” Mr. Broderip was a frequent guest of Professor Owen, at his lodge in Richmond Park, where both of these eminent men delighted to observe the doings of the wild inhabitants of the woods and fields.

He was a fellow of the Linnæan, Geological, and Royal Societies, and with Sir Stamford Raffles, Sir Humphry Davy, Sabine, Vigors, and others, assisted in the foundation of the Zoological Society. He was joint secretary with Sir Roderick Murchison to the Geological Society, and, according to the testimony of the latter, was in fact "the naturalist” of that institution, -- At a later period of his career he was elected bencher and treasurer of Gray's Inn; and he undertook the charge of their library. Thus, in the enjoyment of the pursuits and the society which he best loved, he passed his happy and useful life, counting amongst his friends the men most eminent in this country and on the continent for science and literature. He had the rare gift and privi. lege of rendering popular, among a large circle of readers, the results of his studies and observations. His amiable and congenial manners endeared him to a large number of friends who, alas! now miss his kindly face and voice. To several artists, since famous

VOL. VIII. NO. XV.

N

and prosperous, he lent timely and generous aid when they most needed it; and the collection of works of art and virtù with which his chambers in Gray's Inn were filled, afforded evidence of his refined taste and acquaintance with these subjects.

There are not a few-we wish there were more in the legal profession at the present day, whose habits and tastes lead them to cultivate both science and art, and who delight in the studies and recreations which formed the chief pleasure of Mr. Broderip, But we could not name another so fortunate and successful in combining these with the performance of the active duties of the business of life. The allurements of preferment, the sceva necessitas of professional avocations, and the whirl of politics, generally prevent this combination; and it is therefore the more delightful to witness the almost exceptional case of a man like Broderip. He died somewhat suddenly on the 27th of February last, at the age of seventy, in his chambers at Gray's Inn; nor will the peculiar place which he occupied in metropolitan society be easily refilled.

Notices of Lew Books.

[*** It should be understood that the notices of new works forwarded to us for review, and which appear in this part of the Magazine, do not preclude our recurring to them at greater length, and in a more elaborate form, in a subsequent number, when their character and importance seem to require it.]

A Hand-book of the Law of Scotland, adapted to the use of the General Public, and of Students and Strangers. By James Lorimer, Advocate. Edinburgh: T. & T. Clark. London:

Stevens & Norton, and Simpkin, Marshall, & Co., 1859. This book contains a popular account of the law of Scotland, and as such will be found useful to those classes for whom the author intends it. Its arrangement is simple, and its statement of the law sufficiently exact and extensive for the purposes of the stranger and the student.

Perhaps, in theory, one might hold that the law of Great Britain and Ireland ought to be uniform. But practically it is found much better that the jurisprudence of countries should be in harmony with the habits, history, and feelings of the inhabitants; and it is therefore desirable, as the law and procedure of Scotland and England have been, are, and will be different, that the lawyer and educated man of each land should at least know something of that which is in operation amongst his neighbours. Each may learn in his neighbour's system something whereby his own may be improved.

be prejudiced to what we have been most accustomed, or be too patient of inconveniences wbich we have long been doomed to endure. In either case a consideration of the experience of others is a wholesome process. It cannot fail to be instructive to observe the differences subsisting in the common law of England and Scotland respectively. Some of the points in the latter are amusing to the Southerners. In the chapter upon “Master and Servant,"

We may

زر

us.

we find decisions on points of detail of a curious character.

Thus it is laid down (8 580), that “the master is in no case bound to assign any reason for a command which is lawful in itself, and within the fair meaning of the contract, and it is an act of disobedience on the servant's part to insist for such reasons before performing what he is commanded.” This must be a sad regulation to those of the rather large class of Scotch people of all degrees, who delight in what the Germans call “raisonieren,” which is something like “argufying" with

We find, moreover, that the master has a right of regulating the hours of sleeping and church-going, which we take to be an urreasonable interference with the pious but somnolent members of the Kirk. Again, in the case of Hamilton v. M.Lean, it was laid down that—"a female servant having fallen sick, her master administered calomel to her on a Sunday, and commanded her to stay at home. Notwithstanding this, she went to church, on the ground that, by the custom of the place, she was entitled to her 'Sunday out.' The master dismissed her, and the court held him entitled to do so." The arguments on this point must have been very edifying. So also those in Philips v. Juner, when it was decided in the House of Lords, on appeal reversing the judgment of the Second Division, that a barber's apprentice is not bound to shave his master's customers on Sunday morning, shaving being an act neither of “

mercy nor necessity,” but only of cleanliness and comfort, or even perhaps of mere worldly vanity.

In Mr. Lorimer's little work will be found, by those seeking it, much information in a small compass, and sufficient for many purposes of the “student and stranger.”

Commentaries on the Criminal Law. By Joel Prentiss Bishop.

Vol. II., second edition, revised and enlarged. Boston: Little,

Brown, & Co., 1859. MR. BISHOP's Commentaries on the Criminal Law have apparently reached a second edition, though we have not seen a copy of the first volume of the new edition. We have already expressed our favourable opinion of the work before us, and opportunity will

« PreviousContinue »