defence the maxim which governs the proceedings of Criminal Courts in England, that criminal laws are to be construed with strictness, so as not to extend their operation beyond the plain and clear meaning of their words. He claimed its protection for his clients, however, without effect; and I was, consequently, desirous to know whether or not the maxim was considered of the same authority in Tuscany as in England; although, as it is derived from the Roman law, I could not entertain much doubt on the subject. I was answered in the affirmative; and my information comes from a source on which I can rely. I subjoin the authorities which were furnished to me in support of the statement; but I should add, that my informant told me that, as in England, the rule was universally admitted; and that he had never felt called upon to search for authorities until I requested him.

"That the interpretation of penal law ought to be always strict or restrictive, i. e. in favour of the accused, is a principle laid down by Emerigon, in 1. 42. ff. de Pœnis,' where he says, 'interpretatione legum pœnæ, sunt potius molliendæ 'quàm asperandæ ;' and also by Paul, ‘1. 155. ff. de Reg. Jur.,' where he says, 'in penalibus causis benigniùs interpretandum est.' This principle of favourable interpretation in matter of Law appears always to have been followed in Jurisprudence; so that at this day we are in the habit of appealing to it without seeking to justify the appeal by citing authorities."

Nor would an intimate acquaintance with the proceedings against the Madiai, and especially with the discourses of their advocate for the defence, be interesting to lawyers only. Signor Maggiorani has treated largely that part of his subject which relates to liberty of conscience, and brought a host of authorities from the Fathers, and from Roman Catholic writers of the highest value. This is a source of knowledge on this subject not much explored by Protestants, who will perhaps be surprised, and agreeably surprised, that the principles of religious liberty have long found able and illustrious advocates even within the pale of the Church of Rome. But on this subject, and on the present state of religious opinion in Italy, and the state of other points connected with its Jurisprudence, I may send you a further letter,

After all, we cannot but feel attached to Florence, and under obligations to its government. Its fine climate, its noble architecture, the unbounded wealth of its churches and galleries in works of surpassing and marvellous excellence, the liberality with which these vast storehouses of wonders are thrown open to the enjoyment of all the world, these, with the pleasant English society into which a fellowcountryman is admitted with great facility and kindness,all these things very much indispose the traveller to an unfavourable report. He remembers too that he is in a land fertile above all others (at least since the days of old Greece and Rome) in great men. Here, in a territory even smaller than it now is, and with a capital of only half its present population, sprung into existence, amidst a multitude of lesser but still famous men, Dante, Michael Angelo, Galileo; each the foremost leader in his own sphere of mind, not in Tuscany, not in Italy, but in the world. Standing in the Church of Santa Croce, the Westminster Abbey of Florence, and looking upon the monuments of the mighty dead, I could not but feel that, if I were not an Englishman, I should account it a high privilege to be a Tuscan. In this temper of mind I went to the beautiful edifice which the present Grand Duke has raised to Galileo's honour; that same Galileo whom our Milton visited, as he tells us, then "grown old à prisoner to the Inquisition for thinking otherwise on astronomy than as the Franciscan and Dominican friars taught." Here, in a spacious hall encrusted with marble, adorned with a statue of the persecuted astronomer, of whom Tuscany is now so justly proud, I looked, not without emotion, at the first telescope ever pointed to the skies! What a world of contradictions! He who first gave power to the eyes of his fellow men to gaze on the wonders of the heavens wastes his precious days in the bitterness of persecution, because his sublime truths have overwhelmed the stunted intellect of the friars! And here is a noble memorial to the memory of a scientific heretic, whose doctrines were condemned by an infallible Church, which therefore has never withdrawn its censures, and this memorial the work of a Prince who has cast into prison two humble Christians who, like the great Philosopher, lay hold

a

upon truth, but who, unlike him, and in so far superior to him, refuse to recant their faith!

Ponder, my dear Sir, on these things; and you will discern, I think, a good omen in them. These two acts, inconsistent as they are, may tend to the same ultimate result. By the one the Grand Duke has raised a monument, on the field of the battle itself, to record a signal triumph of Truth over Infallibility. Of the thousands who are year after year drawn by veneration or curiosity to enter that rare and costly shrine, there is not one but must feel that even the most devoted Papist sometimes hears a voice within which denounces to his conscience as insane and blasphemous the pretension of any created intellect, even the most exalted, to be exempt from liability to error. The more complete the subjection to priestly authority of the Sovereign who has nevertheless embodied in stone the protest of himself and his people against the condemnation of their great Florentine, so much the more conspicuous and undeniable is the power of truth, which has thus wrought unconsciously (it may be) on the mind of the Prince, and led him to proffer to the world a testimony, the effect of which it was not given to him to apprehend. Neither, on the other hand, did he foresee the consequences of his dealings with the Madiai, whereby he has evoked again some portion at least of the spirit which drew away from the Church of Rome the men who have since that great separation been by themselves and their successors the leaders of mankind in its progress towards a higher civilisation—an enterprise in which they have had but few colleagues among those over whom the Church of Rome wields her leaden sceptre. On this memorable prosecution then, our children will look back, giving the date of another expansion of the Protestant influence; and even to the sufferers the consolation may be vouchsafed of knowing that the affliction which they have borne has been the appointed means of rescuing multitudes from a worse than Egyptian bondage!

Ever yours,

as

MATTHEW DAVENPORT HILL.

ART. V.-LEGAL EDUCATION.

PUBLIC EXAMINATION: — HILARY TERM, 1853.

THE COUNCIL OF LEGAL EDUCATION have approved of the following Rules for the Public Examination of the Students. To afford a longer period for preparation, the Council have postponed the Examination until the 22nd, 24th, and 25th days of January, 1853.

The attention of the Students is requested to the following Rules of the Inns of Court:

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"As an inducement to Students to propose themselves for Examination, Studentships shall be founded of Fifty Guineas per annum each, to continue for a period of three years, and one such Studentship shall be conferred on the most distinguished Student at each Public Examination; and further, the Examiners shall select and certify the names of three other Students who shall have passed the next best examinations, and the Inns of Court to which such Students belong, may, if desired, dispense with any Terms, not exceeding two, that may remain to be kept by such Students previously to their being called to the Bar. Provided that the Examiners shall not be obliged to confer or grant any Studentship or Certificate, unless they shall be of opinion that the Examination of the Students they select has been such as entitles them thereto."

"At every call to the Bar those Students who have passed a Public Examination, and either obtained a Studentship or a Certificate of Honour, shall take rank in seniority over all other Students who shall be called on the same day."

Rules for the Public Examination of Candidates for Honours, or Certificates entitling Students to be called to the Bar.

An Examination will be held in next Hilary Term, to which a Student of any of the Inns of Court, who is desirous of becoming a candidate for a stu dentship or honours, or of obtaining a Certificate of Fitness for being called to the Bar, will be admissible.

Each Student proposing to submit himself for Examination, will be required to enter his name at the Treasurer's Office of the Inn of Court to which he belongs, on or before Wednesday, the 12th day of January next, and he will further be required to state in writing whether his object in offering himself for Examination is to compete for a Studentship or other honourable distinction; or whether he is merely desirous of obtaining a Certificate preliminary to a call to the Bar.

The Examination will commence on Saturday, the 22nd of January next, and will be continued on the Monday and Tuesday following. Each of the three days of Examination will be divided as under :-) - From half-past Nine, A. M., to half-past Twelve. From half-past One, P. M., to halfpast Four.

The Examination will be partly oral, and partly conducted by means of printed Questions, to be delivered to the Students when assembled for examination, and to be answered in writing.

The oral Examination, and printed Questions, will be founded on the Books below mentioned; regard being had, however, to the particular object, with a view to which the Student presents himself for examination.

In determining the question whether a Student has passed the Examination in such a manner as to entitle him to be called to the Bar, the Examiners will principally have regard to the general knowledge of Law and Jurisprudence which he has displayed.

The READER on CONSTITUTIONAL LAW and LEGAL HISTORY proposes to examine on the following Books:- Hallam's Constitutional History, vols. i. and ii.; Clarendon's History of the Rebellion, vols. i. and ii.; May's History of Parliament; Rapin's History of the Reigns of Elizabeth to James II., inclusive.

Those who present themselves to obtain distinction will be examined more minutely, and expected to answer more difficult questions, drawn from the same sources, and to be acquainted with the important statutes and trials of the

period; and also to answer questions relating to the progress and alterations of English Law during the aforesaid reigns.

The READER on EQUITY will examine in the following books:

1. Milford on Pleadings in the Court of Chancery; Calvert on Parties to Suits in Chancery, chapters i. and ii.; Story on Equity Jurisprudence vol. i., and chapters xvii. and xviii., vol. ii.; the Act for the Improvement of Equity Jurisdiction, 15 and 16 Vict. c. 86.

2. Sir James Wigram's Points in the Law of Discovery, " Defence by Plea;" the remainder of Story's Equity Jurisprudence, voi. ii.; the principal Cases in White and Tudor's Leading Cases, vols. i. and ii.

Candidates for Certificates of Fitness to be called to the Bar will be expected to be well acquainted with the books mentioned in the first of the above classes.

Candidates for a studentship or honours will be examined in the books mentioned in the two classes.

The READER on JURISPRUDENCE and the CIVIL LAW proposes to examine in the Roman Law of Persons as contained in the Institutes of JUSTINIAN, and as explained and illustrated by HEINECCIUS (Elementa Juri Civilis); and BowYER (Modern Civil Law).

Candidates for a studentship or other distinction will be expected to answer all questions of principle suggested by the text of the Institutes. They will also be examined in MACKINTOSH, Law of Nature and Nations: BENTHAM, Principles of International Law, vol. ii., pp. 535 et seq. of Bowring's edition; MONTESQUIEU, Esprit des Lois, livre 28.; SPENCE, Equitable Jurisdiction of Court of Chancery, Part I., book 1., chap. vii.; Part I., book 2., chap. vii.; Part I., Appendix; STORY, Conflict of Laws, chapter on "Capacity of Persons," and "Domicile."

Candidates for a Certificate will be examined exclusively in BOWYER, Modern Civil Law, chap. i. to chap. xii.; MACKINTOSH, Law of Nature and Nations; SPENCE, Equitable Jurisdiction of Court of Chancery, Part I., book 1., chap. vii.; STORY, Comflict of Laws, chapter on Capacity of Persons."

The READER on the LAW OF REAL PROPERTY proposes to examine in the following books and subjects:

Books. Class 1-2 Blackst. Com., or 1 Steph. Com., book 2.; 1 Spence, Eq. Jur., book 2., chap. iv.; book 3., chap. i-vii.; Cru. Dig., tit. 11, 12. 16.; Butler's Notes to Co. Lit., 191 a., sect. 2. 5; 271 b.

Class 11. Shelford on Mortmain, chap. iii.; Roper on Legacies, chap. xix. ; Lewis on Perpetuity, and Jarman on Wills, with reference to 1 Vict. c. 26. ss. 28, 29. SUBJECTS.--Class I.-The Nature of Estates of Freehold Tenure their Quantity and Quality- their Rights and Incidents. The Nature and Properties of Uses and Trusts, prior and subsequent to the Statute of Uses. Origin and Nature of a Lease and Release, as an ordinary mode of Assurance.

The

Class II.-The alterations effected by the Legislature, during the last preceding and present reigns in the Practice of Conveyancing. The Law of Mortmain; including, therein the Law affecting the Alienation of Lands to Corporations, and the Disposition of Property to Religious and Charitable Purposes. The Law of Settlement; its effect upon the Rights and Liabilities of Husband and Wife, as exemplified in the case of Marriage Articles, AnteNuptial and Post-Nuptial Settlements, and upon the Rights of Creditors and Purchasers under 13 Eliz, c. 4., and 27 Eliz. c. 5.

Students offering themselves for the Public Examination, and not going out in Honours, will be expected to be well acquainted with the Books and Subjects comprised in Class I.

Students offering themselves for the Public Examination, and who are Candidates for Studentships or Honours, will be expected to answer questions drawn from the Books and Subjects comprised in Class I. and Class II.

The READER on COMMON LAW proposes to examine in the following Subjects and Books:

Class I. As to the Nature of the Common Law generally (Stephen, Com., vol. i. Introd. s. 3.). The Law of Principal and Agent, and of Bills of Exchange and Promissory Notes (so far as treated of in Smith's Merc. Law, 4th ed., book 1. chap. v., and book 3. chap. i.). The Law respecting Tenancies