The cases already cited show at any rate that a lease by an infant could formerly have been confirmed by very slight acknowledgment after age, as where an infant lessor saying at full age to his lessee," God give you joy of it," it was held that this was a good affirmation of the lease.1

So, on leases to infants, continuing in possession or paying rent after age have both been held acknowledgments of the contracts, and a good ratification of the lease; and the effect of such ratification was to give the other party remedies against the infant for the arrears of rent incurred from the time the contract was made.

In the case of Smith v. Low, the Lord Chancellor decreed that a lease under seal made by an infant should be established and confirmed by him during the residue of the term, when rent had been accepted by him for a period of ten years after he had attained his majority.

The acceptance of rent would in a court of law estop the landlord from saying that the payee was not his tenant, and prevent the former from treating the latter as a trespasser; but it will be observed that the cases go further than this, for they say that acceptance of rent sets up the lease ab initio, and will enable a landlord to sue his infant tenant for arrears of rent incurred during the infancy of the tenant.

1 4 Leonard, 4.

2 Ketsey's case, Cro. Jac. 320; Kettle v. Elliott, Brownlow, 120. 31 Atk. 490.

G. T.

ART. IX.--THE GRANDEUR OF THE LAW.

The Grandeur of the Law; or, The Legal Peers of England: with Sketches of their Professional Career. By Edward Foss, Esq. F.S. A. London. 1843.

LORD THURLOw, when taunted by the Duke of Grafton with his humble origin, and the recent date of his peerage, replied, "The noble Duke cannot look before him, behind him, or on either side of him, without seeing some noble peer who owes his seat in this house to his successful exertions in the profession to which I belong. To all these noble lords the language. of the noble Duke is as applicable, and as insulting, as it is to myself."

This would be an apt motto for the book before us, which proves that some of the proudest names in the peerage belong to the nobility of the robe; and though this may lessen their importance in the estimation of heralds on the continent, where the nobility of the sword have always ranked first, it will gain them more respect from their countrymen, as proving that their titles and fortunes were acquired by talent and industry, and as one sign among many of the truly popular character of our constitution. We shall therefore benefit instead of injuring them, whilst we indulge our own professional vanity, by making the result of Mr. Foss's researches as widely known as possible. He enumerates no less than seventy-eight peers, who, or whose ancestors, have filled the judicial seat in England, and five otherwise closely connected with the profession, making a total of eighty-three legal peerages. Among those whose legal (or rather professional) origin is less known to the public, may be named the Howards, Cavendishes, Montagus, Townshends, Paulets, Bruces, Brudenells, Coventrys, Fortescues, Wyndhams, Ryders, Bridgemans, de Cliffords, Le Despensers, Littletons, Crewes, Hobarts, Norths, &c. &c.

The illustrious house of Howard clearly owes its first start to a successful lawyer:

"The family of the Premier English Duke owes its aggrandisement to the profession of the law, and deduces its origin from Sir William Howard, a judge in the reigns of Edward I. and Edward II.

"The father and grandfather of Sir William Howard, according to the late Mr. Howard of Corby's Memorials of the family, were resident, in the reign of Henry III., at Terrington and Wiggenhall, near Lynn, in Norfolk. They appear to have been private gentlemen of small estate, living at home, intermarrying with their neighbours, and witnessing each other's deeds of conveyance and contracts.

"Sir William Howard (or Haward, as the name was sometimes spelled) is first mentioned in Dugdale's Chronica Series, as one of the eight special justices, who were assigned in 21 Edward I. (1293) to take assizes throughout the realm, in aid of the judges of both Benches, and of the justices itinerant. The district to which he. was appointed comprehended the counties of York, Northumberland, Westmoreland, Cumber

land, Lancaster, Nottingham, and Derby. In 25 Edward I. (1297) he was appointed one of the judges of the Common Bench, and so continued during the remainder of that king's reign. On the accession of Edward II. (1307) his appointment was renewed; and he continued to exercise his judicial functions until his death, which occurred in the following year. He was probably buried at East Winch, near Lynn, in a chapel built by himself adjoining the church there, which is now entirely ruined.

"Collins, in his Peerage, calls him Chief Justice of England; but there does not seem to be any authority for thus distinguishing him, except that he is so described under his portrait in the window of the church at Long Melford, in Suffolk. This window, however, not having been placed there earlier than the reign of Henry IV., cannot, without other evidence, be accepted as proof of such a fact.

"His reputation and success in his profession enabled him gradually to augment his paternal estate, by purchases in East Winch, Wiggenhall, and other neighbouring townships; so that the family rose into greater consequence and notice.

"He married twice. His first wife was the daughter of Sir Robert Ufford, the ancestor of the family, which afterwards became Earls of Suffolk. By her he had no issue. His second wife was Alice, the daughter of Sir Edmund de Fitton or Phitton, of Fitton, in Wiggenhall, St. Germans, which she afterwards inherited. By her he had two sons; from the elder of whom, Sir John Howard, gentleman of the bedchamber, sheriff of Norfolk and Suffolk, from the 12th to the 15th Edward II., governor of Norwich Castle, and commissioner of array in Norfolk, in regular descent, came John Howard, the first Duke of Norfolk of that family, who was advanced to that dignity in 1483, by Richard III."

Four independent earldoms (Suffolk, Berkshire, Carlisle, Effingham), and one independent barony (Howard de Walden), spring from the same root.

Our claim to the Dukedom of Devonshire is equally clear: "This amiable nobleman is descended from Sir John de Cavendish, Lord Chief Justice of the King's Bench in the reigns of Edward III. and Richard II.

"The original name of the family was Gernon, who were

persons of property and note in the counties of Norfolk and Essex. The name of Cavendish was taken in consequence of the acquisitions of the lordship of Cavendish-Overhall, in Suffolk. But whether this manor was obtained by the marriage of the chief justice with Alice, daughter and heir of John de Odynseles, or by that of Roger de Gernon his father, with the heiress of John de Fotton, Lord of Cavendish, has been disputed.

66

'Dugdale gives the name of John de Cavendish, as chief justice of the King's Bench in 39 Edward III. (1365—6) : but in 45 Edward III. (1371), he is mentioned as a judge of the Common Pleas; and in the next year (1372), he appears to be again appointed chief justice of the King's Bench, in which capacity he opened the parliament in October 1372, in November 1373, in February 1376, and again in October 1378, 2 Rich. II., his patent having been renewed on the accession of that king, with a grant of 100 marks per annum. It may be doubted, therefore, whether there is not some error as to his having filled the superior office in 39 Edward III. (1365).

"In 4 Richard II. he was elected chancellor of the University of Cambridge. Soon after the insurrection of Wat Tyler, who was killed in Smithfield by the hand of John Cavendish, the judge's son, the people rose in various parts of the kingdom, and the Norfolk and Suffolk men, under the conduct of Jack Straw, committed excessive devastations. They proceeded in a body of nearly 50,000 persons to Sir John's mansion at Cavendish, which they plundered and burnt. They dragged the venerable judge into the market-place at Bury St. Edmunds, and there beheaded him (1382), and fixed his head on the pillory..

"By his wife Alice, he had a daughter and two sons; from one of whom, John, (who killed Wat Tyler,) lineally descended Sir William Cavendish, who was gentleman usher to Cardinal Wolsey. His son William was ennobled, being by James I. created, first, Baron Cavendish, and afterwards, Earl of Devonshire. The Dukedom was added by William and Mary, in 1794.

"A second Dukedom, that of Cavendish, Duke of Newcastle, which is now extinct, was derived from the same origin. "See also the Earl of Burlington.'

The Duke of Manchester and the Earl of Sandwich are descended from Sir Edward Montagu, lord chief justice in the reign of Henry VIII.; the Earl of Cardigan from Sir Robert Brudenell, chief justice of the Common Pleas in the reign of Henry VIII.; Lord Littleton from the famous author of the Treatise on Tenures; Lord Crewe from Sir Randolph Crewe, chief justice temp. James I. and Charles I.; the Earl of Fortescue from Sir John Fortescue, chief justice and chancellor temp. Henry VI.; the Earl of Buckinghamshire from Sir Henry Hobart, chief justice of the Common Pleas temp. James I. and Charles I.

The law, however, appears to have always been an aristocratic profession in this country; perhaps more so in the olden time than now; for almost all who rose to distinction in it prior to the seventeenth century were men of good family. One obvious reason was, that education was then almost exclusively confined to the higher classes, and the church, which afforded the poor and lowly-born the best chance of rising to distinction.

Mr. Serjeant Talfourd suggests the reason why so many legal peers of recent creation have risen from comparative obscurity:

"No rule of etiquette, however strict, and no feelings of delicacy however nice and generous, can prevent a man, who has connexions among attornies, from possessing a great advantage over his equals who have none. It is natural that his friends should think highly of him, and desire to assist him, and it would be absurd to expect that he should disappoint them by refusing their briefs, when conscious of ability to do them justice. Hence a youth, born and educated in the middle ranks of life, who is able to struggle to the bar, has often a far better chance of speedy success than a gentleman of rank and family. This consideration may lessen the wonder, so often expressed, at the number of men who have risen to eminence in the law from comparatively humble stations. Without industry and talent, they could have done little; but, perhaps, with both these they might have done less, if their early fame had not been nurtured by those to whom their success was a favourite object, and whose zeal afforded them at once opportunity and stimulus which to more elevated adventurers are wanting."-Miscellanies, p. 289.

H.