Imágenes de páginas
PDF
EPUB

James Knight-Bruce as a judge were his prevented him, perhaps, from taking that fastidious analysis of language, which he great and distinguished position as judge loved to carry to the minutest dissection of of which he was so eminently capable. Of etymological origin, and his sturdy desire the numerous judgments delivered by him, to shake off the trammels of technical pro- those which will hereafter be referred to as cedure if they interfered with what he con- settling or elucidating the law are few and ceived to be the right and justice of the far between; and their number is by no case before him. He took a broader and means such as we should have anticipated a loftier view of the functions of an appel- from his great general reputation and late judge, acting as the adviser of the undoubted learning and capacity. Yet Crown in the exercise of its highest judicial | there are some few judgments of his which duty, than to allow it to be bound down by will be remembered, not only for their tradition to perpetuate injustice or error; sparkling cleverness and power, but as and, under the influence of a strong convic- examples of legal reasoning, and as settletion, his judicial opinions sometimes went ments of vexed and intricate legal questo the verge of temerity. Vehement in his tions. Sometimes, too, there was a certain own opinions, he was not intolerant of the irrepressible humour about even his gravest convictions of others ; and although he was judgments, which was eminently characnaturally gifted with an exuberance of teristic of his general mode of getting wit and a rare keenness of sarcasm, he through the otherwise dull and prosaic seldom or ever used it as a weapon in transactions of the Court in which he sat. debate, or cared to inflict a wound when Thus, in the ‘Burgess's Anchovy Case,' in he could not persuade an opponent. which two brothers Burgess, sons of the

By the legal profession among whom his original inventor of the sauce, were the life was passed, and especially by the senior litigants, and in which the brother who members, who have conducted or argued succeeded to the business and the sauce cases before him for the last quarter of a complained that the brother who had century, the death of Sir J. Knight-Bruce not inherited it was nevertheless vendis regarded not only as the loss of an up- ing «Burgess's' Sauce, the Lord Justice, right and conscientious judge, but as the deciding against the complainant, comremoval of one who, uniting an intimate menced as follows:--- All the Queen's subacquaintance with the present to a long jects are entitled to manufacture pickles experience of the former system of equity and sauces, and not the less so that their jurisprudence, was as profound a lawyer as fathers have done it before them. All the ever adorned the Bench. His language Queen's subjects are entitled to use their was lucid and terse; his style strictly own names, and not the less so that their classical ; his manner courteous and dig. fathers have done it before them. The nified; his virtues, public and private, conclusion followed, of course. The late numerous; and his foibles few. Of his Lord Justice, too, though not what would indefatigable energy and capacity for work, now be called a High Churchman, upheld, no better instance can be given than his more strictly than any one on the Bench, having, just before the long vacation in the principle that a judge cannot recog. 1850—the most pressing period of the nize judicially as that Christianity which legal year-performed the work of three is legally and ipso facto part and parcel Courts during the illness of the two other of the Constitution, any other form of the Vice-Chancellors, with so much discrimina- Christian religion than that established by tion, ability, and good temper (to use Mr. law. In one case, some years ago, he went Foss's words), that a public expression of so far as to order a cause to stand over respectful admiration was elicited from the that proof might be given that certain whole Bar in an address from the Attorney- flagrant departures from right, proved in General. The following estimate of the the cause, and urged as the grounds for the judicial character of the deceased judge removal of a Dissenting minister, were infrom the pen of a very distinguished mem- consistent with the principles of the sect in ber of the Bar, was addressed to one of the question. And in the well-known case of weekly papers shortly after his decease:- the Agapemone his Lordship, then Vice“* Though his great penetration and quick-Chancellor, laid it down-not, perhaps, ness, and his wonderful aptitude and talent without reason—that it would be as profor business, made him, in his best days, per for the Court to entrust its ward to a an admirable judge, so far as concerned the camp of gipsies, as to the so-called "reliinterests of the suitors, yet his habit, gious body with which he was then dealwhich very much increased on him of late | ing." years, of deciding the case on hand with a Sir J. Knight-Bruco married, in 1812, few short words, without examining and Eliza, daughter of Thomas Newte, Esq., of stating at length the reasons for his judg. Duvale, Devon, by whom he had several ment and the law which bore on it, has children.

roses,

DR. LINDLEY.

papers contributed to botanical publica

tions. In 1841 he became editor of the John Lindley, Esq., F.R.S., Ph.D., “Gardener's Chronicle," a weekly publiand late Professor of Botany at Univer- cation, which he conducted with great sity College, was born on the 5th of Feb- ability. In 1860 he was appointed ex. ruary, 1799, at Catton, near Norwich, aminer in the University of London. He where his father was proprietor of a large was a Ph.D. of Munich, and a Fellow of nursery garden. After leaving the Gram. the Royal Society, of which, in 1858, he mar School of Norwich, he devoted his received the medal as a reward his attention to botanical science. In 1819 services to botanical science. he published a translation of “Richard's Dr. Lindley died on the 1st of November, Analyse du Fruit," and in 1820 a work aged 66. entitled "Monographia Rosarum," in which he described several new species of About the same period he contri

LORD MONTEAGLE. buted to the “ Transactions of the Linuxan Society” various papers on botanical sub- The Right Hon. Thomas Spring-Rice, jects. Some time afterwards he proceeded Lord Monteagle, of Brandon, co. Kerry, to London, where he became Assistant in the Peerage of the United Kingdom, Secretary to the Horticultural Society, F.R.S., F.G.S, &c., who held, during his and was engaged by Mr. Loudon to write long political career, some of the most conthe descriptive portion of his " Encyclo- siderable offices in the State, was the only pædia of Plants,” the merit of which, as a son of Stephen Edward Rice, Esq., of botanical work, was entirely due to him, Mount Trenchard, by Catherine, daughter as was stated in the preface. The “Ency. of Thomas Spring, Esq., of Ballycrispin, clopædia” was completed in 1829. In the co. Kerry, and was born at Limerick on same year he was appointed Professor of the 8th of February, 1790. He was edu. Botany at the London University. At cated at Trinity College, Cambridge, this period the Linnæan system was where he graduated M.A. in 1833, and nlmost universally followed by English for some time studied for the Bar, but botanists. It is one of the chief merits relinquished that profession on the occaof Dr. Lindley, that he early saw the sion of his first marriage. He entered necessity of superseding the artificial by Parliament in 1820, as one of the memthe natural classification of plants. In an bers for his native city, which he con. essay on this subject published in his tinued to represent in the Whig interest “Introduction to the Natural System of down to the passing of the Reform Bill in Botany," published in 1830, he showed 1832, when he was chosen for Cambridge, very clearly what the advantages of and sat for that borough until his elevathis system were, and thus paved the tion to the Peerage in 1839, during the way for its general adoption in Eng. whole of which time he had lent his supland. Two years later he published the port to every liberal measure that was “ Introduction to Systematic and Phy- proposed by his party, including the resiological Botany, and a Synopsis of the peal of the Test and Corporation Acts, British Flora,” in which our indigenous the Roman Catholic Relief and Reform plants were arranged and described for Acts. the first time according to the natural He was Under-Secretary for the Home system. In a “Natural System of Bo. Department for a short time in 1827, and tany," published in 1836, Dr. Lindley held the Secretarysbip of the Treasury took new views of botanical classification, from November, 1830, to June, 1834, in and proposed a new nomenclature for which latter year he was also for a short families of plants. Ten years later, his time Secretary of State for the Colonies. great work, " The Vegetable Kingdom," In 1834, he was sworn a member of the was published. This work, the most Privy Council. On the return of Lord elaborate that had appeared on systematic Melbourne's administration to office, in botany, gave a description of all the fami- April, 1835, he was appointed Chancellor lies of plants, and more especially of those of the Exchequer, but resigned that office useful to man. It gave very extended in September, 1839, succeeding the late lists of the genera, and was generally re- Sir J. Newport as Comptroller-General of cognized as one of the most important that department, and being at the same contributions which had at that time time raised to the peerage. His Lordship appeared on systematic botany. While frequently acted as a member of Royal engaged in writing these works, Dr. Commissions on matters of taste and art, Lindley was most diligently employed as a and bestowed considerable pains on the practical botanist, in describing new spe- work of examining and reporting upon cies, on which he wrote a large number of the decimal coinage question. He took a

prominent part in the discussion of mone- April 23, 1838, he had issue a son, tary and commercial subjects in the Upper Thomas George, his successor, and three House, such as the Limited Liability daughters. Lord Northbrook married, Bill, &c.,—and also in those relating more secondly, March 31, 1841, Lady Arabella particularly to Irish affairs. In 1861, he Howard, second daughter of Kenneth opposed unsuccessfully the abolition of Alexander, first Earl of Effingham, and by the Paper Duty. His Lordship was a her had a son, the Hon. Francis Henry Commissioner of the State Paper Office, Baring. Lord Northbrook was a man of a Trustee of the National Gallery, a mem- unblemished integrity, and respected on ber of the Senate of the London Uni. both sides of the House of Commons as a versity, and of the Queen's University in straightforward politician. He was Ireland.

a

good landlord, and gave constant and per. He died on the 7th of February, at his sonal attention to the interests of the seat, Mount Trenchard, near Limerick, labourers on his estates. A man of re. aged 75.

fined and educated tastes, to the last he was fond of the classical studies for which he was distinguished in early life.

LORD NORTHBROOK.

The Right Hon. Sir Francis Thornhill

DR. WHEWELL. Baring, Baron Northbrook, of Stratton, in the county of Southampton, and a The Rev. William Whewell, D.D., Baronet, whose death occurred on the 6th V.P.R.S., M.R.I.A., Master of Trinity of September, at his seat, Stratton Park, College, Cambridge, one of the most celenear Winchester, was the eldest son of Sir brated scientific and philosophical writers Thomas Baring, the second Baronet, by of his day, whose lamented death, from his wife, Mary Ursula, eldest daughter of the effects of a fall from his horse, ocCharles Sealy, Esq., of Calcutta, barrister- curred on the 6th of March, -was born at-law, and was nephew of the Right at Lancaster in 1795. He was of humble Hon. Alexander Baring, first Lord Ash- parentage; and it is said that his father burton. He was born April 10, 1796, intended to devote him to his own handi. and was educated at Eton and Christ craft, but he was sent to the Free Gram. Church, Oxford, where he greatly distin- mar School of Lancaster, and proceeded guished himself, having obtained a double in due course to Trinity College. His first-class in 1817, and graduated M.A. in position in the Mathematical Tripos as 1821. He was called to the Bar by the Second Wrangler, followed by the acquiHon. Society of Lincolu's Inn, in 1823. sition of the Second Smith's Prize, proved In 1826 he was first returned to Parlia. the possession of the intellectual powers ment for the borough of Portsmouth, in which he cultivated up to the day when the Liberal interest, and he continued to he suffered the accident which proved represent that borough nearly forty years, fatal. That a Second Wrangler should up to the last dissolution of Parliament. be in due time Fellow and Tutor of his He was a thorough Whig, and was always College, is a matter of course; but Mr. a stanch and earnest supporter of the Whewell possessed an intellectual vigour measures of his party. In 1830 he was which was not satisfied with the mere appointed one of the Lords of the Trea- work of a College Tutor. In 1828 he was sury, which office he held up to June, elected Professor of Mineralogy, succeed. 1834, when he became one of the Joint ing to the chair which had been founded Secretaries of the Treasury, and so con. for Dr. Clarke; and when the British tinued with the exception of a short in. Association was formed, he was requested terval up to 1839. He then accepted the to draw up a report on the condition of post of Chancellor of the Exchequer, and that science. It was in connexion with held it up to September, 1811. From the British Association (of which he was 1819 he was for three years First Lord of President in 1811) that he drew up the the Admiralty, after which period he re. “Reports on the Tides, and on the Mathetired from official life. He succeeded his matical Theories of Heat, Magnetism, and father as third Baronet, April 3, 1818, Electricity," which rank among the first and was raised to the Peerage as Baron of his mathematical productions. Before Northbrook, of Stratton, in the county of this he had been chosen to write the Southampton, January 4, 1866. Lord “ Bridgewater Treatise on Astronomy," Northbrook married, first, April 7, 1825, and it is, perhaps, this circumstance which Jane, youngest daughter of Sir George first suggested to him the “ History of the Grey, Bart., G.C.B., and niece of Charles, Inductive Sciences,” published in 1837, second Earl Grey, by whom, who died followed, in 1840, by the " Philosophy of

the Inductive Sciences,” which are un- his forte and Omniscience his foible" is doubtedly the works by which he will be well known, though it had, in truth, less best known in after years. In 1832 be real ground than even epigrams usually resigned the Professorship of Mineralogy, have. Dr. Whewell was doubtless not but in 1838 accepted the Professorship of uniformly great, but he reached a high Moral Philosophy, which he held till 1855. degree of excellence in every thing he In 1841, during the Ministry of Sir attempted. It is probable that defects in Robert Peel, he was nominated to the his manners encouraged those who were Mastership of Trinity, on the resignation ready to disparage what they were unable of Dr. Wordsworth; and in this position to measure. Dr. Whcwell was at times he took an active part in introducing into disposed to overbear opponents, and for Cambridge the new studies which have some years his influence in the University since been recognized by the institution was marred by resentment against this of the Natural and Moral Sciences Tri. defect. At the same time he often ex. poses. As Professor of Moral Philosophy, hibited an urbanity which, coupled with he founded prizes for the encouragement his universal knowledge, made him a de. of that study, which he himself always lightful companion. The failing referred pursued with avidity. He edited Sir

to was in part probably attributable to James Mackintosh's • Introduction to the the high estimation in which he held the Study of Ethical Philosophy,” published | College of which he was the head, and two volumes of his on "Morality,” and which was wholly free from any alloy cf among his latest productions were some personal vanity. He was prouder of Tri. translations of the Ethical Dialogues nity College than of any of his works, of Plato.” If we add to this list in and would have sacrificed every thing to which we have taken no notice of mere magnify it. And it must be added that University text-books, “ Lectures on Poli- he endowed it with almost Royal munitical Economy," delivered at the desire ficence. of the late Prince Consort before the Some seven or eight years since, le Prince of Wales and other students; an built, at his own expense, a hostel for the edition of the works of Richard Jones reception of some of the overflowing sta. on “Political Economy,” “Architectural dents of Trinity, who bad been compelled Notes on Churches in France and Ger- to live in lodgings for want of rooms in many,” and “Some Specimens of English College ; and at the time of his death he Hexameters,” published in a book contain- had commenced still larger works by way ing similar efforts by Sir John Herschel, of addition to the former building, which the late Archdeacon Hare, and Mr. Lock. he had unwillingly deferred in consehart, we may give some idea of his extra- quence of difficulties in obtaining the ordinary versatility and industry.

necessary site, but the completion of Cambridge men all over the world asso- which he took care to provide should be ciated Dr. Whewell with their recollec- independent of the accident of his death. tions of the University. The Master of Dr. Whewell was twice married, and Trinity was the head of the residents at twice a widower. His first wife was Miss Cambridge no less by the vigour of his Marshall, a sister of Lady Monteagle, intellect and the range of his acquirements and he caused a mortuary chapel in than by his position as the head of its the Cemetery at Cambridge to be built greatest College; and the place he held in after his own designs as a memorial of academic society was due more to himself his affection. She died in 1854, and he than to his office. His towering figure married, secondly, in 1858, the widow of was one of those soonest known by the Sir Gilbert Affleck, a sister of the late Mr. undergraduate, who had heard of his re- Leslie Ellis, hiinself a Fellow of Trinity. nown long before he came into residence; The funeral of the deceased took place, and when he quitted the University at in the Chapel of Trinity College, on the the end of his career, the Master of Tri. 10th of March, and was attended by the nity was the man above all others whom Duke of Devonshire, Chancellor of the he remembered as the representative of University, the Bishops of Worcester and Cambridge learning and Cambridge dig. Ely, the representatives of the University, nity.

the Right Hon. S. H. Walpole and Mr. Men of such wide and varied attain. Selwyn, Sir J. F. W. Herschel, Bart, ments as Dr. Whewell possessed are always General Sabine, the Astronomer Royal, open to the suspicion of being but super- General Malcolm, the Provost of Oriel, ficially acquainted with some of the the Hon. G. Deninan, M.P., the Vicebranches of knowledge on which they Chancellor and Heads of Honses, the write; and the Master of Trinity was whole College, several former Fellows, sometimes disparaged as Leibnitz was in and a large number of other members of his day. The saying that “Science was Senate.

REMARKABLE TRIALS.

1.

THE CASE OF THE SOI-DISANT PRINCESS OLIVE.

RYVES AND RYVES V. THE ATTORNEY-GENERAL.

This case, which came on for trial under the Legitimacy Declaration Act before Lord Chief Justice Cockburn, Lord Chief Baron Pollock, the Judge Ordinary Sir James Wilde, and a special jury, is one of the most curious in the recent experience of Courts of Justice. The tale on which it was founded exhibited a singular compound of self-delusion and fraud; and though, when closely examined, it was found to be replete with contradictions and absurdities, it had in it a tinge of romantic interest, and was woven into apparent consistency by means of an elaborate apparatus of documents and pseudo-historical records, which gave to the case a superficial aspect of verisimilitude. The Petitioners instituting the suit were Lavinia Jannetta Horton Ryves, of Maitland-park, in the parish of St. Pancras, and her son William Henry Ryves. The petition alleged that the petitioners were natural-born subjects of Her Majesty, and that the first-named petitioner is the legitimate daughter of John Thomas Serres and Olive his wife, the said Olive being, while living, a natural-born British subject, and that the petitioners are legally domiciled in England; that the first-named petitioner's mother, Olive, was the legitimate daughter of Henry Frederick, Duke of Cumberland, and Olive Wilmot his wife, respectively deceased, and that the said Olive was born on the 3rd of April, 1772; that the first-named petitioner's grandparents, the said Duke of Cumberland and Olive Wilmot, were, on the 4th of March, 1767, lawfully married in England at the house of Thomas Lord Archer, in Grosvenor-square, London, and that the said marriage was solemnized by the Rev. James Wilmot, D.D., who was the father of the said Olive Wilmot; that the first-named petitioner was lawfully married on the 22nd of November, 1822, to Anthony Thomas Ryves, from whom she was, on the 16th of February, 1841, divorced a mensá et thoro by the Arches Court of Canterbury, and that there was issue of the marriage William Henry Ryves, the second petitioner, and other children; that the Petitioner William Henry Ryves is the legitimate son of the first-named petitioner, and was born at Durham-cottage, Vauxhall, in the parish

« AnteriorContinuar »