to show that women for innumerable reasons are wholly unsuited to perform the duties which devolve on men.

The ladies, as far as we can judge, enjoy the pleasures of this life to a greater extent than gentlemen. Think of the many indulgences bestowed on ladies, the concessions that are often made, the pleasures that gentlemen deny themselves to accommodate them. Then, if the ladies persist in treading the rough road of this life, they must be fully prepared to forego every indulgence which they now receive. We believe that Dr. Quain has shown that disease of the heart is more prevalent among males than females. He attributes this to the excessive strain upon the mental powers of men. Those ladies who are advocating the rights of the fair sex will do well to consider such points as these. To enable anyone to pursue an active calling, is it not essential that he should possess ordinary muscular strength? Well, we think that few ladies can boast of such a qualification. Again, ladies are apt, in consequence of their intimate association with one another, to form erroneous opinions on many points, though a course of training might have its effect. We have endeavoured to view the matter in an impartial manner, and we should be the last to say that because one or two ladies are in the habit of making such remarks as, "Whether the Claimant is or is not the right man, why don't they give him half the estate, for, poor fellow, he has endured a deal of misery," that all ladies are so weak; on the contrary, we have distinctly shown that we fully recognize their abilities; but we think, for various reasons, it would be abhorrent to humanity to admit them to the study of the law!

CHAPTER III.

COMMON SENSE.

THERE is, perhaps, no endowment so essential to lawyers as common sense, inasmuch as they are frequently required to apply it while unravelling the innumerable mysteries with which they have to deal. So rare is common sense that we are almost inclined to call it uncommon sense. The word "common" seems to be synonymous with "worldly," or the "comprehension of things in general." Now, writing in as fair a manner as possible, we are acquainted with no class of men who possess this qualification in so great a degree as lawyers. No doubt their ideas become somewhat "precise" from studying dry legal principles, and that is why laymen are often associated with them in royal commissions; but the very large experience which the latter gain while attending to a variety of mattersin which both law and equity are involved -enables them to exercise a wonderful power of discrimination on almost all occasions. If, for instance, any discussion is started among a body of gentlemen consisting of members of all professions, the lawyers will invariably incline to one way of thinking, and that will, as a rule, be found to be the most plausible.

In mentioning discussions we refer to worldly topics in which no particular branch of knowledge is required. We do not mean to say that

lawyers necessarily possess finer abilities than other persons; but, agreeing with Locke, we think their common sense is derived from experience. Are we not able to deal with circumstances simply because we know from experience the effect of a previous mode of dealing with similar circumstances; and though many encomiums may be bestowed on a man for advising a certain course to be pursued, it is simply that he is unconsciously acting on his experience-which assumes the form of common sense. Has not many

a young barrister or solicitor been derided for his petulance and hasty opinions, though, as he gains experience, he is enabled in future to guard. against adopting a course which was previously unattended with success. It is by no means an easy matter to place before our readers many very cogent examples by way of illustration; but we need only refer to the incontrovertible fact that there are hundreds of young men whose opinions we disregard because we imagine, however talented they may be, that they have not had sufficient experience. No one comes into the world learned and possessing a knowledge of circumstances to enable him to achieve the highest and most honoured positions.

Now, recurring to the point from which we started, we are inclined to think that solicitors, as a rule, possess a remarkable amount of common sense. They have more opportunity than barristers of gaining experience. Barristers are invariably engaged in matters of a litigious nature, whereas solicitors have through their hands many cases which never leave their offices, and which have to be decided by them alone. We hope it will not be thought that we have formed a biassed opinion on the subject. It is our candid opinion, and if we are wrong in the eyes of our readers we are quite prepared to fall, not, we hope, entirely, but so far as this debatable subject is concerned.

Equity, we are told, is synonymous with natural justice, or rather common sense; but, strictly speaking, such is really not the case, for many principles of law may be favorably compared with doctrines of Equity, which, in many instances, seem to fall far short of the beautiful proverb, that "we should do unto another as we wish to be done by." We certainly have no licence to deal further with this branch of the subject, though we cannot help remarking that since the days of " special pleading"-in the true acceptation of the term-common sense has gradually become, to a large extent, inseparable from common law; and we believe that without any interference on the part of the legislature the common law would, in time, conform itself to the doctrines of equity!

CHAPTER IV.

THE ADVANTAGE OF EDUCATION.

"WHAT is the advantage of education?" is a question that is frequently asked. Now we believe that it would be an insult to common sense to give a direct answer to this question, for the reasons upon which we should base it must be apparent to everyone. Education imparts a polish to a man, not only inwardly but exteriorily, for any coarse feelings which he may possess

may be refined or modified by studying various subjects which enables him to view matters in a philosophical light. We know there are some dispositions which all the precepts of the most eminent would fail to soften.

While on this subject, it may not be out of place to offer a few remarks on the benefit that accrues to the community at large by the introduction of examinations in general knowledge and the principles upon which they are based. We do so for two reasons. First, to remove the erroneous impressions that sometimes exist; and, secondly, to show that they tend in no small measure to the advancement of knowledge; that is to say, hidden power and the development of natural abilities. We do not think that because a man cannot pass an examination in general knowledge he is not well educated, and is incapable of dealing with matters of life, for we are quite willing to believe that many questions are complicated and require exact answers, and that many persons, after a few years' absence from school, forget a great deal of what they have learnt. It has often been questioned whether a knowledge of certain points, such as "the age of the Black Prince when he died," "the wife of Oliver Cromwell," "the wives of the husband of Mary Queen of England," are of any use hereafter to solicitors and doctors. Well we quite admit that the mere knowledge of such points does not afford much benefit to anyone, but inasmuch as each set of questions represents a certain subject, if you answer two-thirds of the questions it is considered that you know two-thirds of the subject; not that such is always the case, for we must allow for special tuition, and the possibility of the candidate just knowing the questions asked. There is perhaps no more effectual method of testing a person's knowledge than by asking questions which are not of an ordinary nature. For instance, most school boys know, or ought to know, in Latin, the declensions of nouns, adjectives and pronouns, and such points as Wat Tyler's rebellion, or the Gunpowder plot; a few capes on the coast of Europe; and simple examples in arithmetic. Every one who possesses a knowledge of the simple rules of arithmetic ought to be able to work out an ordinary sum in addition, subtraction, multiplication and division; but with the view of ascertaining whether a student has been very fairly educated and is well acquainted with the principles involved in the solution of complicated sums, the propositions set are necessary. Doubtless these present innumerable difficulties to the ordinary student. They may, however, be surmounted by special tuition. By the way, we cannot speak too highly in favour of the study of mathematics, for nothing strengthens the memory so much, and it is quite possible that in setting tolerably difficult examples, the Examiners are of a similar opinion. We trust we shall not offend some of our younger readers by these remarks, but we feel that every student will admit the justice of these examinations, and that if Euclid, natural philosophy, botany and similar subjects were introduced there might be some cause for complaint.

Every difficulty may be overcome by special tuition; and we are perfectly correct in thinking so, not only because from our experience we know that many could not have succeeded but for such a system, but also because many examiners have become tutors. They may not have done so from choice, but they were of course aware of the assistance that special tuition affords, and what the opinion of the public is upon the subject. We may add, that the work of the special instructor is to direct attention to the

derivations of words and the peculiarities of the subject, all the peculiar points in history, geography and the various languages in which candidates are examined, and the solving of arithmetical problems. These points, learnt after a fair basis has been created, render a student proof against the manœuvres of examiners.

Even if a person who has received an excellent education forgets a great deal of what he has learnt, traces of it will be discernible from his general ideas. We cannot, of course, close our eyes to the fact that it must be extremely embarrassing to a person if in the course of conversation he is unacquainted with any little "snatches" of information which may arise. Few persons, however, not even, we venture to think, many university men,-—would be able to pass any of the examinations in general knowledge without some previous preparation, though, of course, they be fit to enter the best society and converse on any topic. Education alone will scarcely impart graceful manners. A great deal depends upon "home-breeding;" and this may be seen from the fact that very frequently coarse looking individuals may be very well educated, and those who appear to be ladies and gentlemen may be very illiterate, so that education and good "home-breeding" ought, to our thinking, to be inseparable.

CHAPTER V.

REVIEWS OF new books, &c.

LAW students ought to be well pleased that so many efforts are constantly being made to diminish what probably appear to them the insuperable difficulties which beset their path. This is another useful contribution to the student's library. It is designed "to aid the solicitor in preparing his drafts, and to guide the student in the mode of framing instruments in conveyancing." These comprise conditions of sale, abstracts of title, requisitions on title, copyholds, powers of attorney, bonds, disclaimers, declarations, memorials and miscellaneous notices; indeed, so complete is the work, that it contains even forms of notices to quit premises by landlord to tenant, and vice versa." "Each set of precedents is prefaced by short observations, so as to suggest to the practitioner the important points especially applicable to the particular kind of instrument that he may be engaged upon; and to many of the precedents are appended useful notes, calling attention to points or suggestions which, in the hurry of practice, may escape recollection." The author seems to think that it will be found useful alike to practitioners and students. The former ought not to feel complimented, for five years' experience, at the most, in a solicitor's office, would enable any one possessing average ability to make himself fairly conversant with all the forms included in this work. We are, however, of opinion that it will be largely patronized by students, inasmuch as it contains precedents of many instruments seldom to be met with in many large works on conveyancing.

The Draftsman: containing a Collection of Concise Precedents and Forms in Conveyancing; with Introductory Observations and Practical Notes. By James Henry Kelly. London: Butterworths.

THE NEW JURY BILL.

The

We deem it expedient to enter our humble protest against the proposed scheme for reducing the number of jurymen from twelve to seven. Attorney-General thinks that it would be the means of reducing the inconvenience which jurymen suffer at the present time; but surely out of so many thousands who are duly qualified to serve on juries, a "handful" of men can hardly make a difference? The Attorney-General says, if we remember rightly, that there is nothing magical in the number twelve. Decidedly not: but seeing that even twelve jurors often take a long time to decide cases of a complicated nature, it is evident that the more heads there are the better; and if we may be allowed to employ a culinary phrase, we think that on this occasion "too many cooks, &c.," will scarcely apply. We are exceedingly pleased to hear that the learned judges have entered their powerful, not "very humble," protest against the proposition. Most advocates will agree in saying that they are able to address a large audience with greater effect than a small one. If, however, the Attorney-General is in the habit of addressing his reflection in the looking-glass, a plan that has been adopted by many eminent orators, we can quite understand that it is immaterial whether he addresses a jury composed of six or fifty persons.

It must be borne in mind that as matters of fact are left to be decided by juries, the larger number the better, especially as men are not infallible, and that even our most eminent lawyers are continually over-ruling the decisions of one another. If we trace the growth of trial by jury, we see that twelve has always been the number of jurymen selected. The oldest Saxon law remaining is a part of the agreement between Alfred and Guthrum. It is this: "If any one accuse a king's thane of homicide, if he dare to purge himself, let him do it along with twelve king's thanes." At a later period we find the sheriff choosing twelve compurgators, residents of the vicinage, and adding them to the twelve or twenty-four selected by the accused himself. A law of Ethelred II. refers to an arrangement which, though different from the preceding, tends to show that twelve was the number selected. It was this: "Let the sheriff and twelve principal thanes go out and swear on the relies not to acquit the guilty nor convict the innocent." Blackstone remarks: "But in settling and adjusting a question of fact, when entrusted to any single magistrate, partiality and injustice have an ample field to range in; either by boldly asserting that to be proved which is not so, or by more artfully suppressing some circumstances, stretching and warping others, and distinguishing away the remainder. Here, therefore, a competent number of sensible and upright jurymen, chosen by lot from among those of the middle rank, will be found the best investigators of truth, and the surest guardians of public justice. For the most powerful individual in the state will be cautious of committing any flagrant invasion of another's right, when he knows that the fact of his oppression must be examined and decided by twelve indifferent men, not appointed till the hour of trial."