London: PRINTED BY EMILY FAITHFULL AND CO., VICTORIA PRESS, (FOR THE EMPLOYMENT OF WOMEN,) GREAT CORAM STREET, W.C. INDEX TO VOL. XI. OF THE Law Magazine and Law Review. Ancient Law, 99. Anderson's Case, 42. Assizes, The, 313. Bankruptcy and Insolvency Bill of 1861, 173. Charitable Trusts, 305. Cochrane's Trial, Further Remarks on, 188. Emperor of Austria and King of Hungary v. Day and Kossuth. 142. Essays and Reviews considered in relation to the legal liabilities of the Writers, 1. Events of the Quarter, 209, 403. Journal of a Gloucestershire Justice, 125, 247. Lord Bacon, 73. Lord Campbell's Professional and Parliamentary Career, 347. Notices of New Books, 203, 396. Old Wills, 336. Reviews; The Province of Jurisprudence determined, 234. Recent Works on the Statutory Jurisdiction and General Orders of the Court of Chancery, 30. Round on Domicil, 339. Smith's Manual of Equity, 94. Social Science, 201. Trial for Child Poisoning in Germany, 291. Yelverton Marriage Case, 215. THE Law Magazine and Law Review: OR, QUARTERLY JOURNAL OF JURISPRUDENCE. No. XXI. ART. I.-THE ESSAYS AND REVIEWS CONSIDERED IN RELATION TO THE LEGAL LIABILITIES OF THE WRITERS. 1. Essays and Reviews. London: Longman, 1861. 2. Specific Evidence of Unsoundness in the volume entitled Essays and Reviews. By R. N. JELF, D.D. J. H. Parker. London: Rivington, 1861. THE Oxford: HE volume entitled "Essays and Reviews," being of a theological description, would not have called for discussion in our pages if it were not connected with grave legal questions threatened to be raised. Yet no apology need be offered to the readers of the Law Magazine even if we entered in detail upon the consideration of the topics of which the book treats; for the lawyer is not only bound to understand the legal rights and remedies connected with tithes, rates, pews, and with the legal relation of bishops, rectors, vicars, and curates, but it devolves, after all, upon the lawyer to decide what are orthodoxy, heresy, and schism. Prelates and priests may denounce each other in convocation or in deputation; clerkly persons, in ministering at the altar, or mouthing at Exeter Hall and the social tea-table, may depose positively as to what is true and what is false doc VOL. XI. NO. XXI. B trine-may repel, embrace, receive, or excommunicate; but when the time comes to test the value of their opinions, to discover who is a "sound" churchman, or who a teacher or holder of strange and damnable doctrine, resort must be had to the lawyer only. Happily, from habit and reason, men of the legal profession can entertain theological questions with great composure; and if they have their personal opinions and private creeds combated, still their professional education enables them to submit to the misfortune without exhibiting great excess of indignation, and without giving utterance to grievous complaint of the wickedness and impiety of the rest of mankind. If a Ditcher want to deprive a Denison of his preferment, and inflict severe penalties on his erring brother, he runs to his attorney, who takes him to his proctor, who refers to his counsel, who introduces him to the judge, who settles the dispute. If a confederacy of devout parsons who know that they, and they alone, hold the truth, desire to avenge them of the vicar of Brading, after taking sweet counsel of themselves they must proceed to take dear counsel of their lawyers. The lawyer is, indeed, the arbiter of religious truth in England, and, be the task tasteful or nauseous, he must acquaint himself with the theological and ecclesiastical system about which men delight to litigate. Moreover, he must extend his investigation to divers dissenting communities, preparing himself for many questions connected with chapels, congregations, and ministers, which will spring forth occasionally. Nor is it an easy part of his professional duties, whether he practise in a village, or before the highest tribunal in the country, to conduct such suits. Still less easy is the task of exerting his influence in mollifying party warfare, and rendering placable those Christian volunteers of the church-militant, who show their pugnacity and zeal, by hunting out and stabbing co-religionists supposed to have some flaw in their creed. No client is naturally so bitter and blind, so full of personal vindictiveness or party unscrupulousness, as the parochial or diocesan Sauls, who, luckily for the cause of liberty in England, are brought under the govern |