he accordingly presented it to his friend with a complimentary hint that it would not be "unfit for the table of a lord chancellor, when he should entertain the judges or the cabinet." Romilly accepted it, though with some reluctance and demur on account of the splendor and value of the gift; but in a codicil to his will, made shortly before his death, he bequeathed it back to Parr; who again re-transferred it to the eldest son of his friend in a generous and affectionate letter, the only one indeed of many of Parr's given in this publication that we have been able to read with patience, so inflated are all the others with pedantry, prejudice, pomposity, and party.

In 1818, during his Christmas holidays at Tanhurst, Romilly wrote an article for the "Edinburgh Review," on one of Bentham's works then just published, in which "his principal object was to call the attention of the public to the evils which he thought were insuperable from an unwritten law like the common law of England." Nothing, we think, is more remarkable in Romilly's life than his constant and active enmity to the law of England, in all its branches and forms; common, statute, civil, criminal; nothing is right; nothing even tolerable; all is confusion, injustice, oppression, absurdity and cruelty. We will not enter into an examination of the causes of this phenomenon; the subject is too large, and would lead us into a species of personal criticism which we are anxious to avoid; but on this particular proposition of codifying the laws of England we must make two short observations, which are, first, that we believe the thing to be absolutely impossible, unless a previous revolution should have overturned all law; and, secondly, that even if possible, the lapse of a very few years would defeat the desired simplicity. We understand that the fallacy of the so-much-boasted simplicity of codification has been exposed by the French experiment, where the codes, though so recently formed, are already encum

bered by the variety of cases and commentaries, and must every day become more so: and what real or useful difference can there be whether a man turns to a code for the meaning and effect of which he must subsequently hunt through volumes of reports and readings, or whether he refers to the authorities which contain at once the code and the commentaries? What benefit would be gained if Comyn's Digest were to be made statute law? Every effort ought, no doubt, to be made to simplify laws; but hitherto, codification has certainly not produced that effect, and we doubt that it ever will.

At the dissolution of parliament, in June, 1818, sir Samuel Romilly received an invitation to stand for Westminster, which he accepted, on the understanding that no personal interference in the election was to be expected from him; and after a long and violent contest (violent, certainly, on the part of the popular party, who nearly murdered Romilly's antagonist, sir Murray Maxwell,) succeeded, the numbers being for Romilly, 5339; Burdett, 5238; Maxwell, 4808; and for Hunt, a mere demagogue, "who," says Romilly, "under every sort of disgrace, persisted in being a candidate," 84.

This success seems to have given Romilly more pleasure than we could have expected, considering either the general character of Westminster elections, or of this one in particular; his own innate aversion to violence, his honest impatience of political thraldom, and his sagacious view of the ulterior objects of some of his leading supporters. His friends, however, considered it a great and "glorious triumph; but, whatever were its value, it was destined, alas! to be his last.

Lady Romilly had been lately indisposed, but not so much as to create any alarm, and had apparently recovered. In the first days of September they left town for their usual autumnal excursion, and on the third arrived at

Cowes. Here lady Romilly suffered a relapse, which terminated fatally on the 29th of October. Her husband survived but for three days the wife, whom he had loved with a devotion to which her virtues, and her happy influence on the usefulness of his life, gave her so just a claim. His anxiety during her illness preyed upon his mind and affected his health; and the shock occasioned by her death led to that event which brought his life to a violent close, on the second of November, 1818, in the sixty-second year of his age.

The two great defects of character, which marred the beauty of the otherwise blameless and valuable life of this distinguished man, were, his political bitterness, which was probably more a constitutional than a moral infirmity; and his Genevese philosophy, which was rather the error of education and of accident than of his naturally pious heart. In all other respects we willingly offer our testimony, valeat quantum, to his great talents, large acquirements, and deserved success; to his social and domestic virtues; to his integrity, benevolence, and honor; and, in short, to the most essential qualities that constitute the character of a virtuous man.

ART. X.-ENLARGEMENT OF THE ADMIRALTY JURISDICTION IN ENGLAND.

Ar length the long conflict between the admiralty and common law jurisdictions, in England, is quieted by act of parliament. If the shade of Coke were to peruse a statute which we have lately read, he would assuredly think, or say, that the liberties of the realm were shipwrecked in this modern recognition of the ancient pretensions of "the admiral." Sergeants, too, and barristers, and whoever else have

been hitherto busied with prohibitions to that judge, who exercised his functions with the fear of damages before his eyes, must perforce content themselves with seeing his judgments rendered under the same protection as that which covers all concerned in the administration of justice in Westminster hall. This is well,-and all liberal lawyers in England will feel that it is so; acquiescing in the preamble of the act, that "the jurisdiction of the court of admiralty of England may be in certain respects advantageously extended, and the practice thereof improved."

Our present purpose is merely to notice this somewhat remarkable fact, and to lay before our readers a brief synopsis of the statute by which a jurisdiction has been conferred upon, or rather, as we in this country should hold, confirmed to the high court of admiralty. The act is of the 3 and 4 Victoria, chap. 63, passed 7th August, 1840, and is entitled "an act to improve the practice and extend the jurisdiction of the high court of admiralty of England." The dean of the arches is made an assistant judge to the judge of the admiralty court, with power to hear and decide causes at the same time as the latter, or at any other time, and with a concurrent authority; advocates, surrogates, and proctors of the court of arches, are admitted to practise in the admiralty court; jurisdiction is given over the claims of mortgagees of ships, over all questions as to the title to or ownership of any ship or vessel, or the proceeds thereof remaining in the registry, arising in any cause of possession, salvage, damage, wages, and bottomry. The jurisdiction and practice in appeals from the award of magistrates or commissioners, in cases of salvage, is amended and enlarged; and jurisdiction is given over all claims and demands in the nature of salvage, for services rendered to, or damage received by any ship or sea-going vessel, or in the nature of to wage, or for necessaries supplied to any foreign ship or sea-going vessel, and to enforce the payment

thereof, whether such ship or vessel may have been within the body of a county, or upon the high seas, at the time, &c. Evidence may be taken viva voce in open court, or before a commissioner; and the court may direct issues of fact to be tried by a jury before some judge of the superior courts of common law at Westminster; and new trials of such an issue may be granted; and the granting or refusing so to grant such an issue or such new issue may be matter of appeal to the queen in council; no action hereafter to lie against the judge of the court of admiralty for error in judgment; and the judge to have all privileges and protections in the exercise of his jurisdiction, which by law appertain to the judges of her majesty's superior courts of common law, &c. Concurrent jurisdiction over the several foregoing subject matters and causes of action is retained in the courts of common law.

If we compare this outline of jurisdiction with that held and practised in this country, we shall find no material difference; and it affords no small compliment, in effect, to the learning of our judges, who have affirmed that the admiralty jurisdiction formerly held in England, and rightfully belonging to us, covered the ground which parliament have now impliedly affirmed it had all along covered, but for the encroachments of the courts of law. It is clear, that the act is not merely a grant of jurisdiction de novo; for there, as well as here, the whole ground has been claimed, and claimed with the weight of argument in its favor. But for the purpose of comparing the claims made with those now admitted, we present the outline of jurisdiction, as it is held. and practised with us. We take the synopsis made in a late work published in this country.'

Admiralty Digest, title Admiralty.