The Press. — London, England, 1857-03-28 00:00:00

MARCH 28, 1857. phraseology which of itself implies, that there is at present a lamentable want of congruity between the two ; and sug gests, assuredly, a telling argument, not against but in favour of revision ; if it be granted that the Church ought to be consistent with herself. Nay it does more than this. It supplies an admonitory indication, not merely of the pressing call which now exists for alteration ; but likewise that some alteration, either for better or worse, is ultimately unavoidable. Palpable inconsistency cannot, in these days at least, stand its ground for any length of time be. fore the world, however it may be tolerated within the pale of the National Church of England. And hence, for mein bent of that Church, there is clearly but one alternative now remai ,ing. The Liturgy must either be made dog. matically consistent with the Articles; of the Articles will eventually be made to confirm the less Protestant tone of the Liturgy. Let us deal with eur present Liturgy just as our Re formers appear to have dealt with the Liturgies of their own time—retaining whatever is truly ancient, Catholic, and Scriptural ; but discarding with unhesitating firmness those surreptitious alterations, and 111 advised accretions, which a later age of declining piety and gradually aug mented superstition has unhappily introduced. Mr. Fisher seems entirely to ignore the fact that the Reformation was naturally a long time in settling itself; that so great a change could not be consummated off-hand ; and that many fluctuations would ensue ere the teach ing of the Church of England could be finally accommodated to all those diversities of opinion which it was her design to embrace. We must honestly say to this section of the Evangelical party that they are taking too much upon themselves. Misled by certain political events, they are beginning to exclaim, like Pope's "pampered goose," that all things are theirs. It is a surprising instance of mental obliquity that Mr. Fisher should not be aware of falling into precisely the same error as the Tractarians themselves—that is, narrowing the pale of the Church by declaring certain opinions heretical, though held by English Churchmen for three hundred years. This is, in fact, to subvert the Reformation, and to adopt the worst feature of Popery under cover of opposing it. At all events, the mass of English Church men will now see what they have to expect from the ascendancy of an ultra-Evangelical party, as they long ago foresaw what they had to expect from the ascendancy of an ultra- Sacerdot 11 party. All our sober minded prac tical clergymen love the Liturgy ; they know its powerful effect upon the poor; they feel the aflecting beauty of its services, and all parties alike have the most tender associations entwined with it. Certain solemn words have now come to be indissolubly connected with all the most important events of human life— occasions on which, if ever, men lose some of their worldliness, and their hearts are more open to the reception of impressions, than at any other time. By this means the English Liturgy has come to be peculiarly endeared to Englishmen. The man of the world, who cares,' perhaps, little for doctrines, would battle for the integrity of those beautiful prayers he has listened to from childhood. The clergy would defend them as one of their most effective instruments ; and the poor would unconsciously cling to them as one of the few means they possess of soften ing arid elevating their lives of labour. We entertain, therefore, little fear that the deliberate voice of the Church will ever authorise the evisceration of these venerable formularies. Yet much may be done by well-devised coup-de-main, or by the overthrow of that happy equilibrium of parties which has so long existed in the Church. We demand, therefore, that all her friends shall be vigorous and watchful ; and we exhort them, in the words of the Roman Senate, " Videre ne " quid Ecclesia detrimenti capiat." OUR LIBRARY TABLE. LIFE is too many-sided in England to be engrossed by one passion. The domestic ele ment prevails over all others in depth and force, and leaves the great body of society serene, though the surface be violently shaken, —as in storms at sea, when waves rise highest, the tranquil currents of the deep pursue their course, unruffled by the commotion above. Our complex society refuses to be strongly stirred by any single disturbing influence. The excitement of political turmoil no more reflects the general mind of our people than the bustle of Fleet-street at noon images the (1) Blackstone's Commentaries. A New Edition, adapted to the Present State of the Law. By Robert Malcolm Kerr, LL.D. Pour vols. London ; Murray: 313 Hounslow-heath ; and in passing from one kind of eotnposition to the other, we exocrience the shuck of leaping over a century of time. A strongerohj I,.;tion is, that the whole spirit of Eng lish law has greatly changed since Blackstone's time. It is difficult to show this by instances. Yet every one must feel that if Blackstone had published his Commentaries in 1857, instead of 1705, his work would have been essentially different. We admire his rare learning, his comprehensive views, his missive composi tion, and yet we feel that a different work is required for the present time. The whole science of equity has been wonderfully en larged since his day, and in all that relates to that important branch of law he is seldom to be trusted. We find it stated here, for example—vol i. p. 299—that in the case of a lunatic, "to prevent sinister practices, the " next heir is seldom permitted to be the " committee of the person ; because it is his " interest that the party should die." That might have been the rule in Blackstone's time, but persons conversant with equity practice know that it is completely exploded now. The instance may serve to show how great is the change in the whole spirit of equity practice within the last ninety years. Part of Blackstone's obsolete matter is thrown into notes, yet much that is practically obsolete still retains a place in the text, and the historical details are nearly always much longer than are required for an introduction to legal studies. It is to be hoped that able lawyers will never more waste their time on attempts (which are impractical.le) to adapt Blackstone's text to the present state of legal science. What is now wanted is a new com mentary founded on Blackstone—a Coke upon Lyttelton. But until a modern Coke shall arise we must, perforce, be content with new editions of Blackstone, the last—ceteris paribus —being, of course, the best. Mr. Helps continues his history of the " Spanish Conquest in America" (2). The third volume brings down the narrative of events from the capture of Mexico by Cortes to the conquest of Peru and execution of Atahuallpa by Pizarro. It is one great merit of this history that it is wholly composed from original authorities. Mr. Helps has gone to the first sources of information, aid from them has collected his facts and formed his opinions. This circum stance alone stamps his work with solid value. The materials are well digested, and the narrative is clear as to facts, thßigh wo think too eccentric and loose in style to become popular. The " Sultan and his People" (3) purports to be an account of Constantinople written by a native for the benefit of the American people. The book is apparently genuine, and is full of curious information on the customs and institutions of the Turkish people. The following anecdote of the mother of the present Sultan may serve as a specimen : Sultan Mahmoud lost his favourite wife, and was so much grieved by her death, that he ordered her apart ments to be locked up, and that no one should enter them ; he only spent some time there every day in solitary meditation upon his lust favourite. There was a slave girl fourteen or fifteen years old, whose duty was to clean the bath belonging to these apart ments. Site was so curious to know why these rooms were always locked up, that she one day found herself on an exploring expedition by means of the private staircase. Finding the door open, she ventured to enter the apartment, when, lo ! and behold! there was the awitt Mshmoud himself. He said," how dare you venture here; do you not know ray express commands?" The terrified girl tell at his Majesty's feet, and craved pardon. She v.aa so bewitching in this posture, that the Sultan not only pardoned her, but invited her to meet him every day in the same place, till at last he ordered that the apartments should be appropriated to her, and she be came the Fifth Kadun, and the mother of the present Sultan ! The volume is illustrated by a number of characteristic engravings, and is very read able, though it would have been much im proved by careful revision, and by those "cuts" which a dextrous editor so well knows how to make. The pen should have been 11,nhesitatingly drawn through all such moral reflections—and they are numerous—as (2) The Spanish Conquest in America. By Arthur .llelps. Vol. 111. London : Parker andiSon. (3) The Sultan and Ma People. By C. Oscanyen, of Constanti nople. London ; Sampson Low and Co. THE PRESS. aspect of the whole country. Dwell only in the broad thoroughfare, and the movement seems universal and incessant ; leave it, and the throng grows thinner, the noise less deafening. till at length regions are reached where seclusion is perfect, and the sweet in fluences of nature prevail. In our day public affairs occupy perhaps too smAll a share of general attention. The attractions of politics diminish as the enjoy ments of home increase, and as the sources of pleasure from private pursuits are multiplied Literature does not seem much affected by the present electoral strug4le. Here is the swag gering address of the Premier, worthy a bully of Alsatia, and here, as a relief from his tumid insolence, is a reprint of the most charming dramatic story in the world—" Peg W otfington." Lord John is up for London ! What care we, with Mr. Thornbury's volume of Cavalier songs, and Roundhead and Jacobite ballads, to pore over. Shelley and Evans are in for Westminster! We only wish they were equal to Westminster's former representatives— Fox, and Whitbread, and Romilly, of whom we are reading. Potter will stand for Man chester ! Ohe jam was ! What is that to the love story in three volumes on our desk, re calling the days of our youth? The literary and philosophic mind is seldom partial to politics. What is the worth of a single vote in a constituency of twenty thou sand? The butcher, the Laker, and candle stick-maker, must settle the choice among them. They approve of Evans and Shelley. So be it. One only wonders what would become of the world if Shelley were Prime Minister. Perhaps it would roll on as steadily as it does at present, and with a little less noise. As for Evans, if he were a great commander, we know what he would do. He would cut all Sebastopols as quickly as they showed their teeth, and leave to such snobs as Raglan the task of subduing them. " I feel that I get " younger every day," said the veteran on the hustings ; " I was fearfully ill when I came " from the Crimea, but look et me now." For he who fights, and, &c., &c. Verily we are getting beyond our record— not the newspaper of that name, wish " Pal " merston, the man of God," inscribed on its front— but the limit that inexorable snare prescribes to us for the notice of a multitude of books, which during the electioneering hubbub have been accumulating on our table. To many of them we would willingly devote a separate article; but authors and publishers are much of the opinion of beggars—Bis dat qui cito dat. Some volumes have already been on our table too long. "Festus we plunge," and take the first book that offers. It is a bulky one. A new edition of " Blackstone's Commen " taries" (I) in four handsome volumes shows that the reputation of the judge's great work continues undiminished, and that no superior legal luminary has arisen to pale his light. The editor, Dr. Malcohn Kerr, is not afraid to take the field after the elaborate and learned labours of his immediate predecessors. Dr. Kerr's plan is simple; he gives the text of Blackstone with little alteration, making such additions to the various parts as are required by the altered state of the law. The matter contributed by the editor is distinguished by inverted commas ; and thus the methodical arrangement of Blackstone is preserved, while necessary additions are made. Dr. Kerr has conscientiously performed his duties. His Blackstone seems to us about as good as a Blackstone can be made. The only doubt is whether the time has not gone by . for any successful attempt to adapt his Commentaries to existing legal rules and practice. The modern additions may be consistent with Blaekstone's general scheme ; but surely they are not congenial to his style and manner. It is necessary to enter into details of Railway Legislation, of Winding-up Acts, of Reform Bills, of penny postage, and so forth. These subjects are admirably disposed of by Dr. Kerr; but there is that in Blackstone's com position which does impress us with the idea that he lived in an age when mail-coaches were commonly stopped by highwaymen on