صور الصفحة
PDF
النشر الإلكتروني

Sage, seeing the vices and knowing the power of the French nobility, laid the scene of Gil Blas in Spain. He knows that it is no part of a skilful mariner to sail against a tide when the tide is at the strongest. He remembers that the best ballasted vessel may be wrecked if there is too much press of sail, or the lead is not thrown when breakers are ahead.*

IX.

Having sown the seed he waits patiently
the growth.

In rebus quibuscunque difficilioribus non expectandum ut quis simul et serat et metat, sed preparatione opus est ut per gradus maturescant. It were good, says Lord Bacon, that men in their innovations would follow the example of time itself, which indeed innovateth greatly but quietly, and by degrees scarce to be perceived; like a living spring, constantly flowing into stagnant waters; or the gradual advances of nature, scarce discernible in their motion, but only visible in their effect.+

* This was beautifully stated in a speech on Reform by Lord Brougham.

[ocr errors]

+ In the same spirit, Dr. Johnson, in his Life of Milton, says, Fancy can hardly forbear to conjecture with what temper Milton surveyed the silent progress of his work and marked its reputation, stealing its way in a kind of

X.

He is not irritated by any opposition.

He knows that "a good cause needs not to be patroned by passion, but can sustain itself upon a temperate dispute." He remembers the admonition of Plato, that "Our country is to be treated as our parents, with humble persuasions, not with contestations." He remembers the conduct of the ancient who said, "Strike, but hear me."

XI.

If his enemies succeed, he knows that it is only a temporary victory.

He does not

"Bate one jot,

Of heart or hope, but still bears up and steers
Right onward."

subterraneous current through fear and silence. I cannot but conceive him calm and confident, little disappointed, not at all dejected, relying on his own merit with steady consciousness, and waiting without impatience the vicissitudes of opinion and the impartiality of a future generation." And in the same spirit, Coleridge describes Milton "as still listening to the music of his own thoughts, or if additionally cheered, yet cheered only by the prophetic faith of two or three solitary individuals."

XII.

Having surmounted all difficulties, he stands upon the vantage ground of truth, a hill not to be commanded, and however laborious the ascent may have been, when the serenity and fair prospect is a grateful reward.

So have I seen the sun, with a little ray of. distant light, challenge all the powers of darkness, and without violence and noise climbing up the hill, made night so to retire, that its memory was lost in the joys and sprightfulness of the morning.+

XIII.

Standing on the vantage ground, he does not forget that power tending to shape and deprave the character of the possessor, is often hurried into excess.

XIV.

He is a radical reformer.

He says in the words of the old law maxim, "Si quid moves a principio moveas, errores ad principia referre est refellere." Instead of palliating a complaint, he endeavours to discover the original cause of the evil. He remembers the ancient admonition, that " he who in the cure of politic or of natural disorders, shall

↑ Bishop Taylor.

rest himself content with second causes, without setting forth in diligent travel to search for the original source of evil, doth resemble the slothful husbandman, who moweth down the heads of noisome weeds when he should carefully pull up the roots, and the work shall ever be to do again."

His reforms are not like the reforms of lawyers, t

* A. M.

+ In 1809 Sir Samuel Romilly proposed to alter the law in bankruptcy, by which a creditor has an arbitrary power to withhold his consent to the allowance of the certificate, by enabling the debtor, after the lapse of two years, provided there was a large majority in number and value of creditors who had signed the certificate, to call upon his creditor to show cause why the certificate should not be allowed. Sir Samuel thought that the principle of the law was erroneous; that it had a tendency to prevent a full disclosure of the estate, from the fear of irritating creditors by exposure, and to prevent the obtaining possession of the estate after disclosure, by rendering the witness incompetent, and that it had a tendency to produce bribery and perjury; that, even if a creditor ought to have a reasonable time to gratify his injured feelings, the time ought to be limited; and he thought that the law, giving this power to an irritated individual, would be perverted by some of the many bad passions, which ought not to interfere in the administration of justice, such as resentment, love of power, the hope of bribery, against which the legislature had vainly attempted to guard; the hope of concealment; the hope to prevent the bankrupt's receiving any allowance; the hope to prevent his being a witness; or the fear of competition in trade : and he stated this to be the law in Holland, where commercial legislation is well understood. The bill passed the House of Commons: it was rejected in the Lords, upon a

who generally assume that the principle of their law is right.

proposal by Lord Eldon, (who was then Chancellor,) that the requisite number and value of signatures should be reduced from four-fifths to three-fifths. I did the best in my power (but without success,) to persuade Sir Samuel Romilly rather to reject the bill than to admit this modification, which, under the appearance of a legislative reform, would prolong the evil.

In May, 1827, the solicitor-general submitted a bill to parliament, to alter the law for arrest on mesne process to the sum of 201.

The following is a specimen : 6 Geo. III. c. 70. Whereas, notwithstanding the great prejudice and detriment which occasional acts of insolvency may produce to trade and credit, it may be expedient, in the present condition of the prisons and gaols in this kingdom, that some of the prisoners who are now confined should be set at liberty; be it, &c.

About the same time Sir Samuel Romilly proposed that the law, by which the privately stealing a pocket-handkerchief, if worth one shilling, was punishable by death should be altered; because it was framed upon an erroneous principle, as crime was not prevented by this imaginary calculation of consequences in the mind of the offender. This bill (Sir Samuel being at that time solicitor-general) passed into a law. Shortly afterwards, upon the change of administration, Sir Samuel proposed, "that the punishment of death for stealing to the amount of five shillings privately in a shop should upon the same principle be altered;" but the commons of England were advised by the opinion of Sir John Sylvester, Recorder of London, and Mr. Knowlys, the common-serjeant," that the proposal to diminish the punishment was fraught with mischief; but that whether any and what alteration should be made as to the amount of the value of the goods stolen might deserve some consideration."

« السابقةمتابعة »