Eclectic Magazine of Foreign Literature, Science, and Art, May 1885Various
History
Eclectic Magazine of Foreign Literature, Science, and Art, May 1885
Various
American literature -- Periodicals; Literature -- Periodicals
Having failed as a politician, he was made a judge. He sat on the bench
from 1770 till his death in 1780, and he left behind him the reputation
of having striven to administer justice with scrupulous care. He was
certainly not a great judge. He was cursed with indecision; he was
diffident of his own opinion, and never strenuous in supporting it; and
in consequence, if we can trust Malone’s account of him, “there were
more new trials granted in causes which came before him on circuit than
were granted on the decisions of any other judge who sat at Westminster
in his time.” The habit of mind which in private life produced in him
almost a mania for punctuality made him as a judge a strict observer of
forms; and he would not have consented, even if he had been able, to
make and modify law as did his contemporary, Lord Mansfield. The time
was pre-eminently favorable for earning a great judicial reputation;
the law, impeded by fictions, formalities, and obsolete statutes,
lagged behind a nation whose commerce had increased more than tenfold
within living memory; and public opinion would have dealt leniently
with a judge who shaped the old rules to satisfy the new needs. But
Blackstone had not the courage for such work; and, save for the case of
_Perrin_ v. _Blake_, one might well tell the legal history of the ten
years which he spent on the bench and never mention his name. _Perrin_
v. _Blake_ is too technical to be here described; enough to say that it
maintained inviolate the venerable rule in Shelley’s case, with which
Lord Mansfield had been profanely tampering. The case excited great
interest in the profession, partly from its own importance and partly
from some personal controversies to which it gave rise. Lord Campbell,
indeed, writing more than seventy years after it had been decided, says
that when conversation flags amongst lawyers the mention of _Perrin_ v.
_Blake_ never fails to cause excitement and loquacity!
The politician and the judge are forgotten now, and only the
commentator remains. But his life was consistent throughout. He had a
reverence for authority and a respect for formalities; his mind turned
more readily to apology than to criticism; and destitute of ideals
he lived in a narrow groove, contented with himself and the world.
When he and Serjeant Nares were calling for the expulsion of Wilkes
because he was a blasphemer, Burke described their arguments as “solid,
substantial, roast-beef reasoning.” The phrase paints to the life the
worshipper of the constitution, who staked the fate of England upon
trial by jury.—_Macmillan’s Magazine._
LITERARY NOTICES.
JELLY-FISH, STAR-FISH AND SEA-URCHINS (International Scientific
Series). BEING A RESEARCH INTO PRIMITIVE NERVOUS SYSTEMS. By G. J.
Romanes, M.A., LL.D., F.R.S., etc. New York: _D. Appleton & Co._
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account