7. State any instance in which Henry VIII. gave way to the demands of the people.

8. Did the House of Commons recover any portion of its influence in the reigns of Edward VI. and Mary? and state the reasons for your opinion.

9. Mention any remarkable Crown prosecution which was defeated in the reign of Mary.

10. Mention any remarkable attainders in the reign of Edward VI., and give some account of them.

11. Give an account of the Parliament of 1628, and of the principal measure to which it obtained the assent, with an account of the manner in which that assent was given.

12. What was Pine's case?

13. State the grounds on which the proceedings in Lord Russell's trial may be questioned.

14. State the grounds on which the proceedings in Algernon Sydney's trial may be questioned.

15. Give an account of the proceedings in Sir John Fenwick's

case.

16. State the chief provisions and the date of the Act of Settlement.

Besides the foregoing papers on the leading branches of Law, History, and Jurisprudence, there is laid before the students, by way of finale to the examination, and with a view to testing their knowledge yet more strictly by a few questions, in each department, of special difficulty and importance, a General Paper, which in its nature may be regarded as akin to the Problem Papers set in the Senate House at Cambridge, or to those framed at the sister university for exercising the scholastic qualifications of her alumni.

At the last May Examination the General Paper comprised the following questions :—

1. Give an account of the changes of the Constitution from the abdication of James II. to the accession of Queen Anne.

2. Give an account of the Parliamentary inquiries which took place in the reign of William III.

3. State the causes which led to the Revolution of 1688.

4. A testator, domiciled in England, by will made before the 1st of January, 1838, attested by only two witnesses, and not valid according to the Law of Scotland as a disposition of heritable property situate in that country, bequeaths part of his personal property to one who is his heir according to the law of both countries. Will the heir entering on the Scotch or English estate, be allowed to receive the legacy also? Give reasons for your opinion, and quote authorities.

5. A father, by deed, purports to assign, in consideration of natural love and affection, stock invested in his name, and also other stock standing in the names of trustees to which he is absolutely entitled, to his son. The deed is handed over to the son, but no notice of its existence is given to the trustees. The father dies, having by will bequeathed all his money in the funds to his wife. Is the wife or the son entitled to the sums of stock? State the ground of your opinion, and refer to authorities.

6. A creditor does not make to a surety, on his entering into the suretyship, a full disclosure of all circumstances calculated to influence the conduct of the surety with regard to entering into the contract. Is the contract void as a general rule? Refer to decisions on the subject.

7. A testator seised in fee of Whiteacre, subject to a mortgage of 1,000l., and also of other real estate, devises Whiteacre to A, in fee, freed from the mortgage debt. The residue of his real estate he devises to B, in fee, charged with the payment of the 1,000l. and of his debts and legacies. Is a purchaser from C bound to see to the application of his purchase-money in satisfaction of the mortgage debt?

8. A, in 1840, mortgages to B in fee, and enters into the usual covenant for payment of principal and interest. No payment of interest or acknowledgment thereof having been made by A, B, in 1850, files his bill for payment of principal and interest, and, in default, for foreclosure. Is B entitled to the whole amount of interest due, or only to six years' arrears?

9. An estate is devised to A and B, and their heirs, upon certain trusts, in favour of C and his children. The will also

empowers "A and B, or the survivor, or the heirs of such survivor," to sell the property, and provides that the receipts "of A and B, or the survivor, or the heirs, executors, or administra tors of such survivor," shall discharge the purchaser. B, the surviving trustee, devises the estates upon the original trusts. Can B's devisee effectually exercise the power of sale?

10. What exceptions are there to the rule of international law that the obligations of treaties are permanently extinguished by the breaking out of hostilities between the high contracting parties?

11. Describe briefly the erroneous views on the subject of possession which Savigny refuted in his Treatise. Explain also, very briefly, the nature of the theory which he substituted for them.

12. What are the chief analogies, and the principal points of difference, between the ownership in bonis of the older Roman Law and the equitable ownership of our own system?

13. In jure non remota causa sed proxima spectatur. Explain generally the meaning of this maxim in reference to the Law of Insurance.

14. A promises B to undertake for him gratuitously the performance of certain duties: before the time arrives for commencing to perform them, A withdraws from his engagement, in consequence whereof B sustains damage. Will A, under these circumstances, be liable to B at law?

15. A bond fide hires a horse for a particular purpose, and, when that purpose has been accomplished, wrongfully sells the horse and receives the proceeds of the sale. Is A indictable for larceny? Explain fully the grounds of your answer.

To those who might, without perhaps having duly informed themselves as to the working of the present system of legal education, be inclined to doubt or to gainsay its salutary tendencies, we would confidently suggest that an examination so searching as that of which the elements have been in part1 only

1 It will be borne in mind, that besides the written there is (as already intimated, ante, p. 51) an oral examination, comprehensive in its range, and searching in its character, to which each student, whether for a certificate or for honours, is required to submit himself.

VOL. LIV. NO. CVIII.

K

here presented, must indubitably prove beneficial; must materially facilitate the student's onward progress in the right path, and conduce to accuracy in his knowledge of law and legal principles.

ART. IV.-LORD BROUGHAM AND VAUX: HIS PROFESSIONAL AND PARLIAMENTARY CAREER.

WITH A SKETCH OF HIS POLITICAL AND LITERARY CHARACTER.

H

(Concluded from Vol. LIII. No. CVII. p. 341.)

AVING throughout the preceding pages of this biographical sketch pointed with accuracy and minuteness to the various authorities upon which our statements of facts or expression of opinions rested, we might now, without incurring suspicion of indulging in vague conjecture or drawing rash conclusions, proceed at once to convey to the reader some idea of the impressions which have been produced upon our own mind by the contemplation of Lord Brougham's career; but it cannot fail, we conceive, to be more satisfactory that we should, before closing our narrative, allude to such passages of his public life, in connection with the history of parties, as may enable us to form an impartial and enlightened estimate of his political and literary character. These subsidiary hints, however, that we may avoid endless repetitions and uninteresting details, must be very brief and very general.

As the courts in which ecclesiastical law is dispensed had been put by Lord Brougham through a process of severe purification, so the anomalies and extravagancies of the Church itself underwent strict though cautious revision by him. Aware that the more refined and elevated feelings of men can be awakened and kept alive only by watchful care and prudent encouragement, he entertained a strong and unchangeable opinion as to the expediency of a religious establishment,—that is, of a recognised clerical body, while he considered its structure and mode of operation as topics totally distinct from the existence of the

institution itself. Thus, although at all times jealous of legislative interference with the rights of property, he drew a strongly-marked line of distinction between the property of the Church and that of private individuals: with the former, for instance, held in trust for the attainment of certain ends, the Legislature has a right to interfere so far as to enforce the performance of duties demanded in return for emoluments received. Accordingly, he prepared two bills, with a view to the correction of two notorious abuses in the ecclesiastical establishment, viz. the non-residence of the clergy, and the enjoyment of a plurality of benefices. A true friend of the Church, he was just towards dissenters of all denominations; and to their complaints, provided these were founded in truth and expressed in respectful language, his ears were ever open. The children of the House of Israel, for example, have, since the days of Artaxerxes and Haman, been harshly branded as being "a certain malicious people that have laws contrary to all nations, and that continually disobey the commandments of kings;" but, in accordance with the principles of civil and religious liberty which Lord Brougham has always avowed, he considered such British subjects as professed the Jewish religion entitled to the enjoyment of all the rights, immunities, and privileges of the English constitution. In perfect harmony, too, with the views which he had uniformly advocated, he was equally anxious to close against the people all facilities to inebriety or any immorality, and to enlarge the sphere of their innocent recreations. In debate, political friend or foe met with strict justice at his hands. He guarded his fellow-peers against the adoption of rash legislative measures, or an indiscreet discussion of plans which were not fully matured. On knotty points even of international law he shrunk not from the responsibility of his exalted position; he was, as it were, standing counsel to the Government and interpreter-general of treaties. In short, the Herculean labours of Lord Brougham, so long as he occupied the woolsack, spontaneously expended upon the important interests of juridical, educational, and ecclesiastical reform, though they threatened 1 25th June, 1834. 2 23rd May, 1834.

3

3 Vide the discussion on the "Methuen Treaty" (21st February, 1831).