through the press. Mr. Bentham had begun this treatise three times, at considerable intervals, each time in a different manner, and each time without reference to the preceding: two of the three times he had gone over nearly the whole subject. These three masses of manuscript it was my business to condense into a single treatise, adopting the one last written as the groundwork, and incorporating with it as much of the two others as it had not completely superseded. I had also to unroll such of Bentham’s involved and parenthetical sentences as seemed to overpass by their complexity the measure of what readers were likely to take the pains to understand. It was further Mr. Bentham’s particular desire that I should, from myself, endeavour to supply any lacunae which he had left; and at his instance I read, for this purpose, the most authoritative treatises on the English Law of Evidence, and commented on a few of the objectionable points of the English rules, which had escaped Bentham’s notice. I also replied to the objections which had been made to some of his doctrines by reviewers of Dumont’s book, and added a few supplementary remarks on some of the more abstract parts of the subject, such as the theory of improbability and impossibility. The controversial part of these editorial additions was written in a more assuming tone than became one so young and inexperienced as I was: but indeed I had never contemplated coming forward in my own person; and as an anonymous editor of Bentham I fell into the tone of my author, not thinking it unsuitable to him or to the subject, however it might be so to me. My name as editor was put to the book after it was printed, at Mr. Bentham’s positive desire, which I in vain attempted to persuade him to forego.

The time occupied in this editorial work was extremely well employed in respect to my own improvement. The Rationale of Judicial Evidence is one of the richest in matter of all Bentham’s productions. The theory of evidence being in itself one of the most important of his subjects, and ramifying into most of the others, the book contains, very fully developed, a great proportion of all his best thoughts: while, among more special things, it comprises the most elaborate exposure of the vices and defects of English law, as it then was, which is to be found in his works; not confined to the law of evidence, but including, by way of illustrative episode, the entire procedure or practice of Westminster Hall. The direct knowledge, therefore, which I obtained from the book, and which was imprinted upon me much more thoroughly than it could have been by mere reading, was itself no small acquisition. But this occupation did for me what might seem less to be expected; it gave a great start to my powers of composition. Everything which I wrote subsequently to this editorial employment, was markedly superior to anything that I had written before it. Bentham’s later style, as the world knows, was heavy and cumbersome, from the excess of a good quality, the love of precision, which made him introduce clause within clause into the heart of every sentence, that the reader might receive into his mind all the modifications and qualifications simultaneously with the main proposition: and the habit grew on him until his sentences became, to those not accustomed to them, most laborious reading. But his earlier style, that of the Fragment on Government, Plan of a Judicial Establishment, etc., is a model of liveliness and ease combined with fullness of matter, scarcely ever surpassed: and of this earlier style there were many striking specimens in the manuscripts on Evidence, all of which I endeavoured to preserve. So long a course of this admirable writing had a considerable effect upon my own; and I added to it by the assiduous reading of other writers, both French and English, who combined, in a remarkable degree, ease with force, such as Goldsmith, Fielding, Pascal, Voltaire, and Courier. Through these influences my writing lost the jejuneness of my early compositions; the bones and cartilages began to clothe themselves with flesh, and the style became, at times, lively and almost light.

This improvement was first exhibited in a new field. Mr. Marshall, of Leeds, father of the present generation of Marshalls, the same who was brought into Parliament for Yorkshire, when the representation forfeited by Grampound was transferred to it, an earnest Parliamentary reformer, and a man of large fortune, of which he made a liberal use, had been much struck with Bentham’s Book of Fallacies; and the thought had occurred to him that it would be useful to publish annually the Parliamentary Debates, not in the chronological order of Hansard, but classified according to subjects, and accompanied by a commentary pointing out the fallacies of the speakers. With this intention, he very naturally addressed himself to the editor of the Book of Fallacies; and Bingham, with the assistance of Charles Austin, undertook the editorship. The work was called Parliamentary History and Review. Its sale was not sufficient to keep it in existence, and it only lasted three years. It excited, however, some attention among parliamentary and political people. The best strength of the party was put forth in it; and its execution did them much more credit than that of the Westminster Review had ever done. Bingham and Charles Austin wrote much in it; as did Strutt, Romilly, and several other Liberal lawyers. My father wrote one article in his best style; the elder Austin another. Coulson wrote one of great merit. It fell to my lot to lead off the first number by an article on the principal topic of the session (that of 1825), the Catholic Association and the Catholic Disabilities. In the second number I wrote an elaborate Essay on the Commercial Crisis of 1825 and the Currency Debates. In the

Добавить отзыв
ВСЕ ОТЗЫВЫ О КНИГЕ В ИЗБРАННОЕ

0

Вы можете отметить интересные вам фрагменты текста, которые будут доступны по уникальной ссылке в адресной строке браузера.

Отметить Добавить цитату