So we should say, "a judge will not proceed to try a criminal, without _his_ being present." But would it be correct to say, without _him_ being present? This mode of speaking will not, I am confident, be advocated: But unless I am mistaken, this last expression stands on a footing with the example cited, _without the statute being pleaded_. Numberless similar examples occur in those modern writers who aim at refinement of language. "If we can admit the doctrine of the _stomach having_ a general consent with the whole system."--"On account of the _system being_ too highly toned," &c. It is strange the writers of such language do not see that there are in fact two possessives in such phrases--"on account _of_ the too high toning _of_ the system," and that both should be expressed; thus, "on account _of_ the _system's_ being too high toned." It may be questioned whether the verb _need_ may not with propriety be used in the third person singular of the indicative, present, without the usual termination of that person. Practice will at least warrant it. "But tho the principle is to be applauded, the error cannot, and, in this enlightened age, happily _need_ not be defended."----Erskine, Orat. Temp. vol. 1. p. 95. "Now a person _need_ but enter into himself and reflect on the operations of his own mind."----Nugent's Burlamaqui, 1. I. 9. "Hence it was adjudged, that the use _need_ not always be executed the instant the conveyance is made."----Blackstone, Com. b. 2. chap. 20. Numberless authorities of this kind may be produced; but we may spare the trouble, and only advert to the constant practice of speakers of every class; "he need not;" "it need not." Indeed, _he needs not_, altho grammatically correct, is so offensive to most ears, that we have little reason to expect people will be persuaded to use it. The same may be said of _dare_; "he dare not." _I am mistaken_, Lowth reprobates as bad English; asserting that the phrase is equivalent to _I am misunderstood_. In this criticism the Bishop _is mistaken_ most grossly. Whether the phrase is a corruption of _am mistaking_ or not, is wholly immaterial; in the sense the English have used it from time immemorial and universally, _mistaken_ is a mere adjective, signifying that one is in an error; and this sense the Bishop should have explained, and not rejected the phrase. PARTICLES.