« VorigeDoorgaan »
alarm that had been spread. Lord El- tended bill, and your thanking Mr. Perdon expressed his decided approbation ceval and his Majesty's ministers with of its principle : not one word can lout producing one solitary instance of find for which his Majesty's government their service in the cause of toleration, reserves your thanks, or the thanks of is indubitable evidence that consistent any single dissenter: if bis Majesty's mic principles with you are but of little acnisiers are the advocates of enlightened count, and that they may be sacrificed toleration, they must have undergone at the shrine of ministerial favour. marvellous alteration since they came “ I trust the dissenters in the country into office. Intolerance was the foun- will, by a well-timed expression of their dation stone of their preferment; their thanks to Lord Stanhope, form a noble rietermination to resist the applications contrast to your conduct, and redeem of the sectaries was the reason given for the character of the sectaries which has their preferment, while the last adminis- been so much wounded by your incontration was sacrificed, if I may so say, sistency. A sensible magistrate in the for their desire to extend toleration. Is county' in which I reside, by no means it possible that our thanks as dissenters a party man in politics, inquired of me, can be due to his Majesty's ministers when - "If I were one of the dissenters who we are thanking ournoble and enlighten thanked bis Majesty's ministers for not od advocates, Lords Ilolland, Stanhope, flogging me? --Thus is the finger of Erskine, and Grey, whose speeches scorn pointed at us through your mise breathe the spirit of free and equal reli- conduce.” ginus liberty to all; who are not only There are many persons who will the friends of dissenters, but the friends think that the writer is somewhat of human kind, in wishing to promote too harsh in his reflections on the religious peace, and destroy the cause language of the Resolutions. It was of religious strife.
« That you bare thanked his Majes- evidently the design of the framers ty's ministers under such circumstances of them to conciliate all parties : ; uniconnected with any services they have their conduct, however, certainly af. rendered you, is I think a proof that you fords ground for the charge of inconare prostituting your influence already sistency in the instances alluded to, to party and political purposes unworthy men who are friends to enlightened and
by and we trust that in the formation enlarged toleration. That you have
of their new society, they will pra, thanked Lords Stanhope, Holland, Grey, fit by the free admonitions of their and Erskine, for their eloquent and discontented brother. inanly opposition to the provisions and The letter concludes with soine principles of this bill is praise worthy; appropriate observations on the usebut that you have not thanked Lord less made suggested by Lord Sid. Stanhope and Grey for their determination to introduce a bill in the next ses
mouth of increasing the respectabision which if carried, would at once de
lity of the establishment,
buildstroy the efforts of the intolerant, and ing more churches;" and on the ri. put an end to their attempts to regulate diculous and imprudent remarks of our atfairs, sufficiently proves that your his lordship concerning dissenting views extend no further than a quarter lav preachers. “ Our preaching lay
"brothers," as the author observes, instead of directing the present energies
“ yea, even our tinkers and taylors, of the dissenters to pour in their tribute of gratitude to those truly noble persons
“ will rise in the estimation of the whose principles is brought into action
“ public, not only by this, but by would silence the voice of intolerance in “every fresh comparison" between these realms for ever. This certainly them and the clergy of the establishdoes not remind me exactly of the moun- ment, “i which may be provoked in tain after much groaning and convulsion o future.” bringing forth a mouse, but rather of
To the Letter is added a copy of the contemptible efforts of a mouse to nibble away the mountain. The effects the CHRISTIANS' PETITION, presentof your withholding your particular cd by Mr. Whitbread to the house of Thanks to Lord Stanhope for his in- Commons, June 8, 1810, and which
may serve as a model for all future forth, 1. The Antiquity : II. The petitions on the grand subject of re ercellent designed use : III. The ligious liberty.
office and just privileges of Jurics,
by the law of England. By Sir John Blackstone's Commentaries on the Hawles, Knight, Solicitor General
Laws and Constitution of England. to King William 111. 7th Ed. 1s. · Abridged. 55. Tegg.
Jones. Morto. A competent knowledge of A neat pocket edition of a most
the laws of that society in which we useful tract, which no one called to live, is the proper accomplishmeut exercise the im
exercise the important office of a of every gentleman and scholar. In a former Review we thought
juror ought to be without: indeed proper, by way of warning to our
all descriptions of our countrymen readers in general, and our younger
may prosit by its perusal; and be readers in particular, fully to expose
thereby rendered more sensible of the apologies for bribery, corruption,
the importance of the right of trial and intolerance, contained in a work
by jury in its pure and genuine state.
The editor of the present edition cabe professing to be an impartiat com.
serves that “ many circunstances pendium of the British Constitution
“ might lead the reader to suspect, for the use of Schools, * but which was calculated to vitiate the minds
" that this dialogue has been alterei of youth by inculcating those perni
“ in order to accommodate it to the cious opinions which have produced
“ present times,” but he assures us,
" that not a single world has been such fatal consequences on the wel. fare and the morals of the people of .
“ altered from the original except in
" the translation of some latin senBritain. The work before us appears
" tences." to be'a faithful abridgment of the
On the importance of the trial by clebrated original, and is particularly calculated for the use of J
Of jury we have the following observaschools, as much useful knowledge ?" on a very important subject is com
“ Jurym. There is nothing (of a temo
mi poral conceri.) that I would inore gladly prised in a small compass. The
be informed in; because I am satisfied, editor has prefixed a short introduc- it is very expedient to be generally kuowi). tion, containing extracts from van And first, I would learn how long trials' rious writers who have panegyrised by juries have been used in this natio!!.. the British constitution. We cannot, Burr. Even time out of mind; so long however, but wish he had not omit- that our best historiuns cannot date the ted in this Abridgment the sentiments
original of the institution, being indeed
cutemporary with the nation itself, or in of Blackstone on the defects of our
use as soon as the people were reduced representation, and the expediency to any form of civil government, and adof a Reform. Since that eminent ministration of justice. Nor have the lawyer wrote his Commentaries, a several conquests, or resolutions, the mass of evidence the most forcible mixtures of foreigners, or the inutual anit convincing to every in partial feuds of the natives, at any time, been
able to suppress or overthrow it. For, man, has been produced, to prove
1. “ That juries (the thing in effect the necessity of a measure wbich
and substance, though perhaps not just can alone prevent the destructio:) of the number of twelve men) were in use the constitution1 - PARLIAMENTARY among the Britons, the first inhabitants REFORM.
of this island appears, bythe ancient mo
numents and writings of that mation, itThe Englishman's Right: A Dra. testing that their freeholders had alw:lys
a shure in all trials and determinations logue between a Barrister at Law,
's of ditference. and a "Jurymun ; plainly setting 2. “ Most certain it is, that they were
* Custance's View &c. Pol. Rev. Vol. practised by the Su.cons and were then VI. P. 291.
the only courts, or at least an essen
tial, and the greater part of all courts our respective parents. For without the of judicature : for so (to omnit a multi- former, we have no claim to the latter. tude of other instances) we find in King Jurym. But has this method of trial Ethelred's laws, In singulis centuriis, never been attempted to be invaded or še. In every hundred let there be a justled out of practice? court, and let twelve ancient freemen, “ Barr. It is but rarely that any have Logether with the lord, or rather, accor- arrived to so great a confidence : For it ding to the Saxon, the greve, i. e. the is a most dangerous thing to shake, of chief officer amongst them, be swornt, that alter, any of the rules, or fundamental they will not condemn any person that is points, of the common law, which in truth, innocent, nor acquit any one that is guilty. are the muin pillars, and supporters of
3. “ When the Normans came in, the fabric of the commonwealth : these William, though commonly called the are Judge Coke's words. Yet sometimes conqueror, was so far froin abrogating it has been endeavoured : but so sacred this privilege of juries, that in the fourth and valuable was the institution in the year of his reign, he confirmed ull King eyes of their ancestors, and so tenacious Edward the Confessor's laws, and the were they of their privileges, and zeaancient customs of the kingdom, whereof lous to maintain, and preserve such a this was an essential and must material vitul part of their birth-right and freepart. Nay, he made use of a jury chosen dom; that no such attempts could ever in every county, to report und certify on pruve effectual, but always ended with their ouths what those laws and customs the shame and severe punishment of the were ; as appears in the proem of such rash undertakers. For example, bis confirmation.
“ 1. Andrew Horn, an eminent law. 4.“ Afterwards when the Great Chur- yer, in his book, entitled, the Mirrour ter, coinmonly called Mugna Churta, of Justices, (written in the reign of King which is nothing else than a recital, cone Edward I. now near 400 years ago) in firmation, and corroboration of our an the fifth chapter, and first section, recient English liberties, was made and cords, that the renowned Suron King put under the great seal of England, in Alfred caused four-and-forty justices to ihe ninth year of King Henry the third, be hunged in one year, as murtherers, (ubicle was Anno Domini 1225,) then for their false judgments. And there rewas ibis privilege of trials by juries in cites their particular criines, most of an especial inanner confirmed and esta them being in one kind ur vther infringeblished; as in the fourteenth chapter, pents, violations, and encroachments That no amercements shall be assessed, of aud upon the rights and privileges of but by the oath of good and honest men juries. Amongst the rest, that worthy of the vicinage. And more fully in that author tells us, he hanged one Justice goldep nine-and-lwentieth chapter-No Cadwine, because he judged one Hackwy freemun shall be taken or imprisoned, to death without the consent of all the nor be disseised of his freeehold or liber. jurors; for whereas he stood upon his ties, or free customs, or be outlawed, or jury of twelve men. because three of them eriled, or any other wuy destroyed, nor would huve suved him, this Cadwine reshall we pass upon him, or condemn him, moved those three, and put others in their but by the luwful judgment of his peers, room on the jury, aguinst the said Hack8c. Which grand charter having been wy's consent. Where we may observe, confirmed by above thirty acts of parlia- that ihough at last twelve men did give ment, the said right of juries thereby, a verdict against him, yet those, so put and by constant usage, and cominon upon him), were not accounted his jucustom of England, wbich is the com- rors; by reason all, or any of them, mon law, is brought down to us as our who were first sworn to try bim, could undoubted birthright, and the best in- tot (by luu) be removed, and others put heritance of every Englishman. For as in their stead : and that such illegal althat famous lawyer, Chief Justice Coke, feration was then adjudged a capital in the words of Cicero, excellently avers, crime, and forth with the said Cudwine Mujor hæreditas venit unicuique nos- was hanged. trum a jure et legibus quum u purentibus: “ 2. A secund instance I shall give It is a greuter inheritance, and more to be you in the words of the Lord Chief Jusvalued, which we derive from the funda- iice Coke : “ Against this ancient and mental constituiion und tuws of our coun- i fundamental law (and in the fare there try, thun thut which comes to us from of) there was in the eleventh year of « King Henry VII. cap. 3. an act of Edward VI. delivered these words : 1 “ parliament obtained (on fair pretences, must desire your grace to hear poor and a specious preamble, as to avoid 'men's suits yourself. The saying is divers mischiefs, &c.") whereby it was 'now, that money is heard every where : ordained, That from thenceforth, us 'if he be rich, he shall soon have an end well justices of assize, as justices of the ' of his matter; others are fain to vo peace, upon a bare information for the home with weeping tears for any hely king before them made, without any find, "they can obtain at any judge's hand. ing or presentment by the verdict of Hear men's suits yourself, ”I require twelve men, should have full power and you in God's behalf, and put them not authority by their discretions, to hear to the hearing of these velvet coats, and determine all offences and contempts ' these upskips. Amongst all others, committed or done by any person or pere 'one especially moved me at this time sons against the form, ordinance, or ef- 'to speak : This it is, Sir: a gentlewofect of any statute made and not repealed, 'man came and told me, that a great &c. *" By colour of which act (saith 'man keepeth certain lands of her's from “ Coke) shaking this fundamental law, her, and will be her tenant in spite of “ (he means, touching all trials to be by her teeth. And that in a whole twelve “juries) it is not credible what HORRI month she could not get but one day “BLE OPPRESSIONS and EXACTIONS, to "for the hearing her matter, and the “ the undoing of MULTITUDES of people, 'same day, when it should be heard, the “ were cominitted by Sir Richard Empe great man brought on his side a great “son, Knight, and Edmund Dudley, 'sight of lawyers for his council; the “ Esg. (being justices of the peace) “gentlewoman had but one man of law, “ throughout England ; and upon this and the great man shakes him so, that " unjust and injurious act (as commonly 'he cannot tell what to do. So that « in like cases it falleth oui) a new office 'when the matter came to the point, the - was erected, and they made masters “judge was a means to the gentlewoman. w of the king's forfeitures.”
ilsat she should let the great man have “ But not only this statute was justly, a quietness in her land.--I beseech soon after the decease of Henry VII. your grace, that ye would look to these repealed by the stat. of the 1 Hen. VIII. 'matters. And you, proud judges! cup. 6. but also the said Empson and hearken what God saith in his holy book; . Dudley (ootwithstanding they had such • Auditeillos, ita parvum, ut magnum. an act to back them, yet it being against hear thein (saith he) the small as well Magna Charta, and consequently void) 'as the great; the poor as well as the were fairly executed for their pains; and 'rich ; regard no person, fear no man. several of their under-agents, as promo- 'And why? Quia Domini judicium est, ters, informers, and the like, severely 'The judgment is God's. Mark this saya punished, for a warning to all others 'ing, thou proud judge; the devil will that shall dare (on any pretence whatso- 'bring this sentence against thee at the ever) infringe our English liberties. For 'day of doom. Hell will be full of these so the Lord Coke, having (elsewhere) judges, if they repeut not, and amend : with detestation mentioned their story, they are worse than the wicked judge pathetically concludes ; Qui eorum ves- 'that Christ speaketh of, Luke the 19th. tigüs insistant, exitus perhorrescant: 'that neither feared God, nor the world! let all those who shall presume to tread •Our judges are worse than this judge their steps, tremble at their dreadful was; for they will neither hear men for end. Oiher instances of a later date “God's sake, nor fear of the world, nor might be given, but I suppose these may 'importunateness, nor any thing else ; suffice.”
yea, some of them will command 'them The following extract from Bishop
from Pichon to ward if they be importunate. I Latimer's sermons, affords a striking
heard say, that when a suitor came to a striking
one of them, he said, what fellow is it specimen of the christian courage that giveth these folks counsel to be so and integrity of that venerable re- importunate? He deserves to be puformer.
'pished, and committed to ward. Marry, “ Bishop Latimer (afterwards a mar- "Sir, punish me then; it is even I that tyr in bloody Queen Mary's days, for gave them counsel; I would gladly be the protestant religion) in his sermon punished in such a cause; and if you preached before the most excellent King'amend not, I will cause them to cry out VOL. IX.
upon you still; even as long as I live. at the trial of Mr. Owen, for publishing -These are the very words of that good the case of Mr. Murruy, a more glorious bishop, and martyr, father Latimer: instance of the wisdom and conscientious • Biit now-a-days the judges be afraid to firmness of a jury; for though the pro• bear a poor man against the rich ; iue secution was carried on against him at • so much, they will either pronounce the desire of the honourable house of "against him, or so drive off the poor Commons, yet such was the invincible • man's suit, that he shall not be able to integrity of those brave gentlemen on the 'go through with it.”
jury, that, to the inexpressible satisfacOne extract more will be sufficient
tion of all honest men, and true lovers
" of their country, and to their own eterto convince any one who may not nal honour, they acquitted him, by yet have met with this tract, of its bringing in their verdici, Not Guiliy. universal importance. It is indeed “When juries thus act according to a stiame that any Briton, when he their consciences, and bravely resist the can acquire so much knowledge, re. illegal attempts of arbitrary power, they
it not only secure the lives and properties of specting one of our most important
their fellow-subjects, but transmit their civil institutions at so cheap a rate,
names and virtues to posterity, in the shishould any longer 'remain ignorant ning records of eternal fame. The consciof its nature, or insensible of its 'ence of a jury is the supreme law, the law value.
of right reason; over which, no rhetoric “ Public grievances can never be re- from the bur, no direction from the bench, dressed but by public complaints, and should ever have the least sway or influthey cannot well he made without the ence. The hearts of honest men are the press ; now, if public oppressions can- temples of truth, which no interest can not possibly be removed without public corrupt, no power or persuasion change: complaining; and if such complaints, they will stand, like a rock, firm and imthough ever so just and true, should be moveable, against all the waves of cordeemed libels against those who cause ruption, or winds of arbitrary power." them, would not the rights and liberties of the public be in a fine situation? Our The Ludorment of whole Kingdoms laws would be then delusions, our rights but shadows, and our liberties a dream.
and Nations, concerning the Rights, To secure the lives, liberties, and pro
Power, and Prerogative of Kings, perties of the subject from all such op and the Rights, Privileges, and pressions, is the sole end or intention of Properties of the People. By John juries; and, while they act according to Lord Somers. 11th. Edit. 38. Od. their oaths, they will be a sufficient
Jones. guard against them.
This most valuable tract which “ There is a roble instance of the firmness and integrity of a jury, lately pub
o had become very scarce, was writlished in the case of John Peter Zenger, ten 'by one of the most eminent of printer, at New York; who was prose: statesmen, who flourished in the cuted, by'information, for publishing a reign of William III. and who was false libel against the governor. Mr. particularly distinguished for his atHamilton, the prisoner's counsel, justly tachment to the principles of the and bravely owned his client's publishing Revolution. He was equally reit, but insisted it was not false ; and would have produced witnesses to have spected for his
have spected for his talents, and his virproved its truth, but was denied by the tues. A celebrated writer sums up court. In this cause every artifice of his character as follows:-" He was arbitrary power was used ? and the jud- one of those divine men who like a ges plainly shewed, that they sat there chapel in a palace, remains unproonly during the governor's pleasure; yet, faned, while all the rest is tyranny, notwithstanding all the partial influence o of power, and base direction of the
corruption and folly; the income upt bench, the jury, to their imunortal honour. acquitted tbe prisoner, by bringing master authoi ; a genius of the finest in their verdict, Not Guilty.
taste, and a patriot of the noblest " Since which we have had at home, and most extensive views; a man