that the enactments contained in the statutes passed subsequently to the consolidation might be referred, from time to time, to their appropriate places in the Digest. And a similar remark will apply to the constructions which the Digest would probably require; since such of its enactments as should be construed might be adjusted to the constructions by periodical revisions of its text.

"Before we dismiss this objection, we will shortly advert to a consideration which it naturally suggests. It cannot, we think, be doubted that such a consolidation of the statutes as we are now considering would facilitate future legislation, and even tend to improve it. For the existing Statute Law, concerning any given subject, could be found and ascertained by the legislature with comparative ease and precision. It is therefore highly probable that superfluous legislation would be prevented; and that such new provisions as the legislature might introduce would rarely be inconsistent with any of its previous enactments.

"It is sufficient to remark, with regard to the fourth objection, that, if due caution were used in the execution of the work, no alterations would be made which could affect existing interests."

It is to be observed, that the first of these objections is one on which very little stress would be laid by real bonâ fide objectors to the plan. To this, therefore, the Commissioners most sedulously apply themselves. The last, on the contrary, is commonly esteemed a very weighty objection; and it is summarily disposed of with the rather flippant assumption, that if due caution were used in the execution of the work, no alterations would be made which could affect existing interests; as if the precise effect, direct and indirect, of an alteration could be in every instance unerringly anticipated. With reference to this objection it also remains to be mentioned, that the Commissioners take no notice in any part of their Report of the manner in which the Statute Law is incorporated with the Common Law.

We are content to waive the third objection, that the systematic order would be speedily disturbed; though we fear there is little chance, during the present rage for law making, of limiting the number or correcting the style of enactments;

but that (in the words of the second objection) the bulk of authorities would increase with the proposed change, we entertain not the shadow of a doubt; for such has been invariably the case whenever a new system has been introduced; and the productions of these gentlemen in their corporate capacity, are by no means of a character to induce a belief that they will be enabled to disentangle themselves from embarrassments which have been found insuperable by all former labourers in this field. They proceed throughout upon the assumption that they are sure of succeeding where every one has failed.

It was expressly provided in the act authorizing the before-mentioned revision of the statute law of New York, "that no change should be made in the phraseology or distribution of the sections of any statute that had been the subject of judicial decision, by which the construction of the statute, as established by such decision, should be affected or impaired."

The Report finishes with another summary, and an enumeration of the subjects on which the Commissioners are employed:

"We have stated the principles which should, we think, govern the consolidation of the statutes according to the above respective processes. But it is proper, in considering the advantages of the first-mentioned process, to observe, that it is capable of considerable improvement, without endangering the safety which characterizes it, by an occasional adoption of the second, as by a combination of an original with an amended statute, and even of the third process in cases where the advantage of following it is obvious, and the operation simple and unlikely to give rise to any reasonable doubts; as, for example, where the decisions upon a statute are few in number, are unambiguous in their result, and effect a manifest alteration in the more obvious construction of a statute.

"We humbly submit as the general result of our consideration,

"That a revision and alteration of the Statute Law, founded on the principle of mere reduction and expurgation, would be advantageous and perfectly safe:

"That the process would be still more advantageous, if such an arrangement were added as rendered the Statute Law more accessible, without diminishing the aid derived from order of time, and context of enactments, and such discretionary alterations were also made in consolidating and generalizing enactments, removing obvious ambiguities, and supplying obvious omissions, as could be effected without incurring the risk of misconception and uncertainty:

"That such alterations, although safe, advantageous and necessary, would not afford a complete remedy for existing evils:

"That no plan of reformation short of remodelling the Statute Law on the third principle above proposed would be co-extensive with those evils; that whilst such a reform would be highly desirable, and is, in our judgment, practicable, its execution would be difficult, would require the greatest caution, and occupy a considerable portion of time.

"In conclusion, we have to assure Your Majesty that we have made considerable progress in digesting the Criminal Law, in obedience to Your Majesty's command, and in conformity with a letter from one of Your Majesty's principal Secretaries of State, by which we were directed to proceed in forming a Digest of the Criminal Law, as well unwritten as written, into one statute, with such partial alterations as might be considered by us to be necessary or expedient for more simply and completely defining crimes and punishments, and for the more effectual administration of Criminal Justice.

"That we are preparing a Report, the completion of which we have deemed it proper to postpone to our Report on the Statute Law, in order that time might not be lost in proceeding to amend that important branch of the law, should any alteration be deemed necessary.

“That in our next Report on the Criminal Law we propose to draw Your Majesty's attention to some subjects connected with the administration of Criminal Justice, in which alterations may probably be deemed expedient: more particularly to the limiting the number of capital offences,

and confining them to defined cases in which execution ought always (subject to the exercise of the Royal Prerogative) to take place on conviction; the establishment of a general scale of inferior punishments; the removal of some of the anomalies incident to the present classification of offences, particularly such as relate to the distinctions between principals and accessories, the disallowing copies of indictments, forfeitures and deodands; the necessity for distinguishing the respective jurisdictions of the superior and inferior Criminal Courts; the removal of criminal proceedings from the latter to the former by certiorari and otherwise; and the providing better means for the correction of errors and mistakes in the inferior Courts."

We were not aware til now, that the government had taken so decisive a step towards the adoption of the views presented by the former singularly inconclusive and unsatisfactory Report.

The Appendix consists of, 1. A List of all Acts repealed or in force, from 1 Edw. III. to 12 Anne: 2. An extract from Daines Barrington's work on the Ancient Statutes: 3. The Report of the Commissioners appointed to collate and revise the Public Statutes of the State of New York: 4. Extracts from Mr. Miller's Inquiry: 5. Observations on the present condition of the Poor Laws.

H.

ART. II.-LIFE OF SIR MATTHEW HALE,

Memoirs of the Life, Character and Writings of Sir Matthew Hale, Knight, Lord Chief Justice of England. By J. B. Williams, Esq. LL. D. F.S.A. London. 1835.

THE Life of Sir Matthew Hale is so generally known through the Memoir of Bishop Burnet-one of the most attractive among English biographies-that it is no easy matter to handle the same subject in a more modern fashion, without divesting it of some part of its merited popularity. We are therefore inclined to think that Dr. Williams has acted wisely in taking that Memoir for the nucleus of his own more ex

tended performance, and adding to it from various sources of information such matter as might give it additional interest, especially with members of the profession to which his hero belonged. But his own words will best convey an idea of the object and contents of his book :

Upon the life, by Burnet, the Memoir before us, as to its basis, rests; but the arrangement is entirely new: and the whole increased from the Notes' of Baxter and Stephens; the judge's own manuscripts: and every other accessible source. The facts have been thoroughly examined; and, as much as possible, attended to chronologically. In addition to this, the labours of others, in the same department, have been freely used. When any thing not noticed by Burnet is introduced, the authority is quoted: but the bishop's work is seldom formally referred to: every circumstance in it, connected with the judge, being avowedly retained. It is not improbable that some persons may, for a moment, feel surprised, if not offended, that the style of that standard book should have been abandoned: and the feeling is entitled to sympathy. At the same time it must be observed, that it appeared impossible to give it entire, and use, as it seemed desirable to use them, the materials which will be found in the present volume. For, had the bishop's narrative been reprinted, the new matter must have been exhibited separately, which would have seriously affected the arrangement; and occasioned, too, in addition to other awkwardnesses, intolerable repetitions. Besides which (to make no allusions, by way of shelter, to the criticisms of Pope or Swift upon Burnet, as a writer) . . . . . it may be anticipated that the offence, if it be such, will appear the more venial, when it is recollected, that the admirers of the beautiful Memoir alluded to have the easiest possible means of gratification : numerous copies are to be obtained, particularly the one recently edited by Bishop Jebb; and as that edition contains the other Lives' Burnet wrote, and wrote so well, the expectation is justified, that the supply will continue to be unfailing."

.....

We feel, too, that some apology is due from ourselves for recapitulating facts so generally known as those which any outline of the life of Sir Matthew Hale can present. Our pages have contained sketches, which have proved, we hope, not wholly uninteresting, of the biographies of many eminent individuals in our profession. But the greater part of them, though well known by name, were little known by character, to the general reader, even in that profession itself. It is the