will still be entitled to have the funds applied so as to secure an education according to her standards. She has in no respect forfeited her claim to restore this immense mass of property to its destined ends, although not without blame for having allowed such a system of spoliation to endure so long. Let increased activity now, however, make up for the supineness of the past; and let Churchmen give every support to a cause which has for its objects the best interests of the Church and the highest welfare of the nation.

Strange as it may seem, although the labours of the commission were brought to a close about sixteen years ago, no remedy has yet been applied to the evils which their reports laid open. Public interest was considerably excited at the time the commission was appointed, but before their reports were completed the minds of men were occupied with new objects; and even amidst the excitement which has prevailed on the subject of national education for the last fifteen years, local institutions of the highest value have been allowed to remain with all the abuses which had been accumulated during centuries. The attention of the public has now, however, been drawn to the subject, and we trust the time is not far distant when an adequate remedy will be applied to this formidable and widely-ramified evil.

The first attempt at grappling with the subject was made in 1846 by Lord Lyndhurst, then Lord Chancellor. Mr. Grady's pamphlet appeared originally at that time, and contains a powerful and able defence of the leading principles of his lordship's bill; and which, we think, must be the leading principles of any measure that will deal properly with the subject. He shows most satisfactorily that the ordinary mode of correcting mismanagement or breach of trust is utterly inadequate in the case of charitable trusts, and has brought forward evidence from the commissioners' reports to prove that the Court of Chancery has completely swallowed up many of the charities that sought relief from it. He maintains the necessity of appointing commissioners armed with summary powers to deal with public charities, as was proposed in Lord Lyndhurst's bill; and, by numerous cases which he has quoted from the commissioners's reports, he has shown at once the advantages of such a system, and the deeply-seated nature of the abuses to which charitable trusts are now subject. To those who have not access to the voluminous reports of the commissioners we would strongly recommend the pamphlet of Mr. Grady, as affording a sample, at least, of the enormous evils which are rife in the public charities of this country. The subject is treated by him

with great acuteness and great good sense; and we rejoice that he has sent forth a second edition of his valuable work at this time, when, as appears from the announcement of the Lord Chancellor, the Ministry propose to introduce a measure on this most important subject; and when the public at last seem to be fully convinced that something must be done to extirpate abuses that have been too long suffered to endure.

Mr. Grady has in this edition given an account of the attempts at legislation on the subject which have been made since 1846. Lord Lyndhurst's Bill, we may observe, dropped in consequence of the resignation of the Ministry to which he belonged. His successor on the woolsack introduced in 1847 a bill into the House of Lords to provide for the succession of charitable trustees, and for keeping accounts of charitable funds. This bill, however, was a mere palliative, and left the great question connected with public charities almost untouched. What the case demanded was the appointment of some tribunal which should have power to enquire into and regulate the charities of this country-especially those of an educational character-and the mere provision for the succession of trustees and keeping accounts left the great point of the readjustment and reorganization of charitable institutions still unprovided for. The measure, however, such as it was, was not proceeded with, and the matter remained in abeyance until the beginning of 1852, when a bill was introduced into the House of Commons by Sir A. Cockburn, the AttorneyGeneral, for facilitating and better securing the due administration of charities in England and Wales. The Ministry of Lord John Russell shortly afterwards going out of office, this measure also fell to the ground. The provisions of the bill have been ably reviewed by Mr. Grady; and he has shown that the limited powers with which the bill proposed to invest the commissioners would render the measure quite inadequate to the exigencies of the case. He contends that the commissioners should be invested with full authority to decide any questions with reference to charitable trusts, and that, if a difficulty should arise, they might state a case for the decision of the Court of Chancery. He is strongly of opinion that the commissioners should have the power of setting themselves in motion, and that to require any other parties to take the initiative would he detrimental to the working of any measure on the subject. Of course it is easy to raise objections against such a tribunal, armed with summary and extensive powers, and entitled to take proceedings in any case ex proprio motû. But the question is what better scheme can be proposed where

such great abuses as unquestionably exist have to be dealt with? So far as we can judge any adequate measure must be based on the principle so ably and forcibly advocated by Mr. Grady; and we have much pleasure in recommending his pamphlet to our readers, both on account of the important facts it contains relative to charitable trusts, and the valuable suggestions it offers with regard to the remedies for the abuses to which they are subject.

A Summary of the Roman Civil Law, illustrated by Commentaries on and Parallels from the Mosiac Canon, Mohammedan, English and Foreign Law. By PATRICK COLQUHOUN, LLD., St. John's College, Cambridge, Barrister at Law, &c. Part IV. London : Benning. 1852.

The last published part, completing the second volume of Dr. Colquhoun's most recondite performance on the Roman Civil Law, is now before us; and, when we take into account the immense research it involves, we are astonished at the rapidity with which the author has arrived at this stage of his work. Nor is the scholarship, manifested in every page, a matter of less marvel than the industry which even to the unprofessional, nay, to the unlearned reader, is every where apparent in this singular production. Our chief surprise, however, is that a man should have had the courage to undertake a book in which not one reader in a thousand would feel the slightest interest; and the reputation of which, be it ever so successful, can never extend beyond that particular branch of his profession which it is intended to illustrate. But it is evidently a labour of love, and the author warms with his subject as he proceeds—a fact which we can only attribute to the spontaneous combustion of his materials from sheer dryness. But, joking apart, the perseverance which can carry a man through such a work as this is wonderful. The scientific writer is cheered in his investigations by the discovery of a new fact, and there is probably no sensation of pleasure equal to that which results from such a discovery. The path of the poet is made bright by the flashes of his own genius: the novelist achieves in three volumes of meagre letter-pressnot fame it may be-but popularity, which, as far as pounds, shillings, and pence are concerned, is an infinitely better thing; and neither the poet nor the novelist have occasion to stir from his seat to verify a fact; for they don't deal in the article, nor to search for an authority, of which both are independent. A precedent would damage, if it did not destroy, the reputation of either. But the writer on civil law plods his way through the dullest of all possible paths; the very languages whence his

authorities are derived are dead, and must and mildew are on everything he handles. We hope-and indeed doubt not-that Dr. Colquhoun's work, when complete, will become a class book at our universities, as it well deserves to be, for there is nothing like it in our legal literature.

Last Glimpses of Convocation, showing the Latest Incidents and Results of Synodical Action in the Church of England. By A. J. Joyce. Bosworth. 1853.

THE movement party in the Church, which, if not the most numerous and influential, is confessedly the most noisy section, has been straining every nerve of late to procure a revival of convocational action; proclaiming this to be the only effectual remedy for heresies and neglect of discipline within the Church, or for want of consideration, respect, and efficiency in the estimation of those who at present lie without her pale. The mere revival of Convocation, they say, is to effect wonderful things; but they do not tell us what these things are still less are we informed of the likelihood there is of any good thing whatever resulting from allowing the Convocation to meet for the despatch of business. We form our opinion from past experience of its action, which was so pernicious that for the safety of the Church, no less than for that of the State, it was necessary to stop its proceedings: and from the spirit which has been already manifested by those who would now have it restored to activity, we have no doubt that the same evils would be the result.

Instead of the despatch of business, the history of the last Convocation exhibits nothing but party squabbles among themselves; and the most disrespectful and disgraceful conduct towards their bishops, on the part of the Lower House; and contemptuous if not disloyal behaviour towards the State. And this it was which absolutely necessitated the suspension of synodical action, since it became manifest not only that the Convocation, as a whole, could not be brought to co-operate with the State in any useful measure; but that the two houses could not be brought to an agreement with each other, and that the Church itself was perilled by the continuance of their dissensions.

We have no expectation that the case would be otherwise now. The parties who are most loud in demanding the revival would probably be members of Convocation, and we have no reason to believe that their temper or language would undergo any amelioration, but rather the reverse.

VOL. XXXIII.-I I

They have not shown much meekness of spirit, or great, de- } ference to their spiritual and temporal superiors, or very measured and temperate language or deportment out of Convocation; and we do not think that they would evince more of these amiable and necessary qualifications when admitted as members of Convocation, and all restraint upon their act tions should be removed.

And let us suppose it to be otherwise let us forget past. experience of Convocation and let us ignore recent facts and the words we have heard spoken by this party; and let us suppose they would set themselves to work for the despatch. of business, and for the clearer definition of doctrine, or for the better enforcement of discipline, or for the reform of abuses in the Church-and what then? A Convocation may resolve whatever it pleases, but where is the power to, carry out its resolutions? This power resides not in the Convocation-it rests with the Parliament and the State. Archbishop Wake, a century and a half ago, wrote as follows:

"A Convocation may sit and draw up what creeds and confessions it will; but if they expect that those who despise the ancient and glorious councils of the Church should be concluded by their definitions, it will, I doubt, appear that they have but flattered themselves with vain hopes. And they will find, too late, that those who are not to be restrained by what has been already determined will much less regard any new decision that may be made against them. In this case it is the civil power, or nothing, that must restrain their presumptions. The law may oblige them to be silent; but I doubt whether that or anything else will be able to cure them of their infidelity." (Introduction x).

Before the Reformation the Convocation had a very different constitution and very different duties from those which devolved upon it after that epoch. A full moiety consisted of the superiors and representatives of monasteries and religious houses, which were dissolved at the Reformation; and their business was not to meddle with doctrine at all, as. that was held to be already fixed and determined by an infallible authority: their chief business was to tax the clergy in such a manner as not to betray the secret of their inordinate wealth.

After the Reformation all these things were changed: the headship of the Church was transferred from the Pope to the King: the Convocation became a different body, and it had other duties to perform: for now it became necessary to frame new articles, canons, and offices; and to frame a new liturgy in correspondence. therewith; all of which, as well as