and oppressive schemes could be entertained or proposed for practice in a community, where these enlightened men maintained an influence. But the vexatious power of this law, as to professional rights, is strikingly illustrated in the case of Dr. Bennett. That gentleman was a member of the Irish College of Surgeons, -a circumstance that presumes a scale of expense and labour in preparation, of which those who are acquainted with surgical education in London only can form no notion. He repaired to Paris, where for three years he continued with reputation to give lectures to English students in anatomy and surgery, himself taking the fullest advantage of all the facilities which that renowned school of medical knowledge affords, for his own improvement. He repeatedly avowed his intention of ultimately settling in London, at the head of an anatomical and surgical school; and when some appearances of national jealousy in Paris began to obstruct his progress there, he returned to London to carry his original purpose into effect, having added to his other qualifications that of being a member of the College of Surgeons. But the bye-law interposed; and though Dr. Bennett was at liberty to deliver lectures and instruct in the performances of dissection, yet, as his certificates would not be recognised by the College, he could not expect the attendance of any pupils. That such an accident as this fulfils in any part, the motives which are announced in the preamble to the bye-law, we may surely venture to deny: on the contrary, we assert that the principle which gave birth to it, is calculated to retard the cultivation of sound chirurgical science,' and to countenance practices which have a similar tendency.'

This bye-law then checks—we should rather say destroys— that most wholesome principle of improvement, by virtue of which all arts and sciences are sure to prosper, namely, an unfettered rivalry among persons who are interested in seeing the art flourish, and are qualified to advance it. We see

also that this regulation interferes with the rights and injures the interests of a number of persons who are competent, perhaps peculiarly adapted, to impart instruction, and that it imposes on persons in the country, who purpose to follow the profession, an expensive and, in a moral point of view, a perilous ordeal. What, we ask, were the mischiefs of the old system to call for this sweeping alteration? It could not be said that bad and impudent persons affecting to give instruction in the art could, at any time, succeed in palming their half-taught pupil as a consummate surgeon

M 3

upon

upon the unlettered public. Against the possibility of such wickedness there was a sure obstacle, the examination of the party by this very college, as it was only upon their judgment of his competency that he ventured to tender himself to a patient. Again, it is very well known that no person, in town or country, has ever presumed to undertake the office of lecturer unless he be a member of the College of Surgeons. If, then, true knowledge and due skill on the part of the candidate were the requisites which the College aimed at securing, how easily and successfully might they not have compassed their meritorious wishes! They had, in the first place, the presumptive assurance in favour of the student, arising from the circumstance of his having been instructed by a competent person, and, in the next place, it was in their power to refine their test in the examination, to any arbitrary degree, in the scale of professional knowledge, By this simple operation they would have attained, as a certain result, the professed object of their legislation.

It is of little consequence,' says Dr. Armstrong, where a student is educated, provided he be placed under competent teachers, and possess, in the end, the necessary information. But it is of the last importance, not only to the public, but even to the student, that his information be attested by a strict and honest examination, and that competent teachers should always exist in sufficient numbers. Now this last object can only be secured by opening to the whole profession a fair and unfettered competition, by which industry and attainments would always attract students to the best sources of instruction, and unqualified pretenders would be discouraged.'

The power of making bye-laws for the regulation of the College is vested by the charter in the Court of Examiners; and it is remarkable, with reference to the bye-law which is under consideration, that of the ten persons who composed that legislative court, eight are actual teachers of anatomy and surgery under those circumstances, and according to those rights, to which the bye-law extends the exclusive privileges. The remaining two persons are connected by friendship or alliance with teachers placed in the like fortunate predicament. And this is the court which daily examines into the merits, and decides on the competency, of those, who make application for the rank of members of the College. Thus, then, we find the system carried to this state of perfection, that the individuals to whom the profitable distinction is almost limited of teaching in surgery, themselves constitute the tribunal which is to determine on the efficacy of their own instructions.

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instructions. Is it to be expected, we ask, that an examination which is now, as it always has been, the reproach of the profession on account of its laxity, its brevity, and general insufficiency, should be moulded into a severer form, and call for sounder and more extensive information, when the examiner and candidate shall have contracted the relation of teacher and pupil? And supposing that the scrupulous mind of the examining party is capable of setting aside the partialities of the lecturer, is it likely, we enquire, that the conscientious feeling shall be rendered active by the recollection that the success of the candidate is the revenue of the examiner? Perhaps this question may be best answered by the statement that the admission-fee of each new member of the College is 221., out of which 57. 5s. are appropriated to the examiners, (who have, besides, a guinea each for being present at the opening and closing of the court,) and that the present average number of admissions is about 300 members a-year.

The next substantial objection which we make to this law is, that it rejects the instruction, by refusing the certificates, of two of the most celebrated schools of Europe; need we mention Paris and the Dublin College of Surgeons? for though Dublin is named as a privileged school, the compliment extends only to the University and one hospital in that metropolis. Who more loudly, or with juster indignation than Mr. Abernethy, (one of the framers of the byelaw,) remonstrated against those statutes respecting the taking of dead bodies, which so materially obstruct the progress of useful knowledge, and exist at this day only out of a timid compliance in the legislature with the irrational prejudices of the multitude? Not only did the College deny to Paris and Dublin that recognition which they give to Aberdeen, but when an attempt was made, during the last year, to obtain the protection of our government to a school of anatomy for English students in Paris, it was frustrated by the influence of the College, on the plea that it would discourage the English schools of anatomy.

Such, then, is the spirit which actuates this corporation,a body to whose controul and management the surgical art in these realms is entirely entrusted. We agree with Dr. Armstrong that nothing but a public enquiry into the merits of their conduct in the first instance, and the abolition of their charter in the next place, with a view to a sounder and more liberal constitution of medical government, can check the growing abuses of this institution, and arrest the decline

of an art which is of the first importance to life and hap piness.

It has been a matter of charge against the writer of this pamphlet, that his motives, on this occasion, are personal and corrupt. The statement, we suppose, is intended as an answer to his inculpations; but we are at a loss, we confess, to discover the efficacy of such a plea. Besides the constructive evidence in favour of his probity, which is furnished by the professional character of Dr. Armstrong, we have his own testimony for disinterested intention, and which to this moment awaits refutation.

• If I had consulted my own interest or comfort, both would have enjoined me to silence; for part of the system about to be exposed is favourable to me as a lecturer, by preventing the formation of new schools: and, independently of the personal opposition, which I must hereby create in powerful quarters, it is at all times most painful to condemn the public proceedings of those with whom an occasional intercourse, on professional concerns, is necessarily unavoidable.'

ART. IX. 1. A Letter to the Chancellor on forming a Code of the Laws of England. By Crofton Uniacke, Esq. Barrister, &c. 1825.

J. and W. T. Clarke.

2. Evidence, forming a Title of the Code of Legal Proceedings, according to the Plan proposed by Crofton Uniacke, Esq. By S. B. Harrison, Esq. of the Middle Temple. Butterworth. 1825.

3. A Letter to Mr. Peel on the Law of real Property, and the Practice of Conveyancing. By William Hayes, Barrister. Sweet. 1825.

To bring the shapeless and discordant mass of our criminal

laws into order, and to mitigate their unwise severity, were among the objects which shed lustre upon the parliamentary pursuits of Romilly. If this great and good man had survived but a few years longer, it is probable that the country would have been greatly benefited, in this respect, by his labours. It is not, however, one part alone, but every part of our laws, which should be reduced to order: the laws which have been set up on the fiat of our Judges, and which pronounce, with as much authority as statute-laws, upon the rights of the subject, must, if they are still to be laws, have a place in our embodied code.

It has long been a complaint that our Judges often legislate, rather than expound the law. The complaint is too well 14 founded;

founded; and we must lament the fact the more, when we see that their words are caught up by self-elected, and often incompetent reporters, to be hurried to the press, without even the correction of the Judge who utters them. It is a matter of wonder, that so wise a provision as that of having authorised persons to report the proceedings of our courts, should have fallen into disuse.. It would undoubtedly be an improvement of the ancient system if no person were allowed to make these reports, except the Judge himself who delivers the law. The points decided in the case, and, in general, the new points only, should be admitted into these reports, after the excellent pattern given in the authorised works of Coke. In this manner a few lines would, in most cases, be sufficient. If a code were once framed, all new decisions might be incorporated into it, at stated intervals, after undergoing the scrutiny and receiving the sanction of the legislature; nor should they even be regarded as precedents of authority, in the mean time, for it would be to the advantage of the public that a point of law might be often mooted before it be finally decided.

What might be done towards forming a code is evident from the recent consolidation of our trade-acts, and our new jury-law, by which a multitude of statutes are repealed. As regards the statute-law, no more wise plans can be pursued than the one already commenced, of consolidating and amending separately its several branches. The Code Napoleon Mr. Uniacke justly speaks of as a splendid proof of the practicability of the measure. And we will add, that the other works on this subject by Mr. Uniacke, namely, the "New Bankrupt Law," and the "New Jury Law," exhibited according to the plan proposed, afford ample evidence, that great service might be done for the country simply by digesting our Statutes, and by carefully pruning away the unnecessary verbiage which forms by far the greater part of their enormous bulk.

In his letter, Mr. Uniacke ridicules, with great effect, the daring absurdities in the wording of a modern act of parliament. He gives the emphatic two-and-twenty words of Magna Charta, cap. 29., "No freeman shall be taken or imprisoned, unless by the lareful judgment of his peers, or by the law of the land;" and contrasts them with the involutions and attenuations to which they would be subjected by the wisdom of the eighteenth century.

We will give in his own words the general outline of the plan proposed by Mr. Uniacke.

6 Plan.