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of its continuing ambulatory, or follow- benevolences, are put down, as well as ing the royal person, as before.
unwarrantable oaths, illegal imprison-' 9. Annual circuits, and assizes, were ment, and the appointment of commisalso established, so that jail-deliveries sioners for the assessment of forced took place more frequently than hither- loans against reason and the franchises to; and justice, by being administered of the subject. in the several counties, might be said 2. Confinement without cause certito be brought home to the door of every fied by due process of law is deemed suitor in the kingdom, instead of their illegal. being harassed, as formerly, by attend. 3. The quartering of soldiers or maing the royal progresses.
riners on the inhabitants in different 10. Among other existing abuses, parts of the kingdom, against their conthe forfeiture of lands for felony was sent, is forbidden. restricted in the same manner as at 4. The punishment of soldiers, and present.
other offenders, by martial law, on ac11. The illegal, or unnecessary erec- count of civil offences. tion of bridges; and
This act was penned by Lord Chief 12. The creation of exclusive fisheries Justice Coke. were at the same time expressly inter
CHARLES II. (1649.) dicted.
THE HABEAS CORPUS ACT, passed To conclude, the life and liberty of in the 31st of this reign (1680), is every man in the kingdom were thus another great constitutional bulwark; secured ; and as to his property, it was but as to its principles, it is merely denot only safe, unless when forfeited ac- claratory of the Great Charter, the 5th cording to the judgment of his peers, Ed. III., 25th Ed. III., 28th Ed. III. ; or the law of the land ; but even the the Petition of Right, 3d Car. I. and, foreign merchant was protected in en- the 16th Car. I. c. 10.. On the other tering and leaving the kingdom, while hand, it became strictly remedial, and an uniformity of weights and measures therefore eminently beneficial, as the gave security to both English men and judges had unjustly annexel a condi. strangers, in their respective transac- tion of finding securities, and recurred tions with each other.
to a variety of legal subtleties to preEDWARD I. (1272.)
vent the enlargement of the prisoner. Notwithstanding the Great Charter By this famous statute, it is ordained, was so solemnly and so frequently con- that the Lord Chancellor, or any of the firmed, yet it had not as yet been re- twelve judges in vacation, or the judges cognised as the common law. This, in their respective courts in term time, however, was at length achieved, during shall, on motion made, issue a Habeas the twenty-fifth year of the reign of Corpus, in all cases, those of treason, this powerful prince, by the statute petit treason, and felony excepted, on called Confirmatio Cartarum. He also sight of the warrant of commitment, or established, confirmed, and settled, the oath that the same is refused ; under charter of the forests, and abolished all penalty of forfeiting the sum of 5001. to taxes levied without the consent of the the party aggrieved. national council.
2. That the writ shall be returned, CHARLES I. (1625.)
and the prisoner brought up within a During the third year of the reign of limited time, according to distance, this monarch (1628), a parliamentary not exceeding in any case twenty days. declaration of the liberties of the peo- 3. That officers or other persons negple, under the name of the PETITION lecting to make due returns, or not OF RIGHT, was assented to by him, delivering a copy of the warrant of and thus converted into a positive sta- commitment within six hours after detute.* It recites the Great Charter, the mand; or shifting the custody of a priact of King Edward I. called Statutum soner from one to another, without sufde talliago non concedendo; those officient reason or authority, shall, for the the 25th and 28th of Edward III. re first offence forfeit 1001. and for the specting forced loans, outlawry, exilé, second be disabled to hold his office. and illegal dispossession, and is partly 4. That no person once delivered by declaratory, partly enactive.
habeas corpus shall be recommitted By it,
for the same offence, on penalty of 5001. 1. All charges, or impositions, called 5. That every one committed for
treason or felony, shall, if he requires • Statutes at Large, vol. 11. p. 1096. it the first week of the next term, or
the first day of the next session of over ments, and prosecutions for the same, and terminer, be indicted in that term are illegal. or session, or else admitted to bail, un- 6. That the raising, and keeping a less the King's witnesses cannot be pro- standing army within the kingdom, in duced at that time; and if acquitted, time of peace, is against law. or if not indicted and tried in the se- 7. That Protestant subjects may bear cond term, or session; he shall be dis- arms for their defence, suitable to their charged from his imprisonment for condition, and as allowed by law. such imputed offence. And
8. That freedom of speech, and de6. That no inhabitant of England bates or proceedings in parliament, (unless a convict, or one having com- ought not to be impeached or quesmitted some capital offence in the place tioned, in any court or place out of parto which he is sent) shall be sent pri- liament. soner to Scotland, Ireland, Jersey, 9. That excessive bail will not be Guernsey, or any place beyond the required, or excessive fines imposed, or seas, within or without the King's do- cruel and unusual punishment inflictminions, under the penalty to the ed; all of which are declared unlawful. party committing, his advisers, aiders, 10. It is enacted, that jurors should and assistants, of a sum not less than be duly impannelled ; and jurors 5001. to be recovered with treble costs; 6 which pass on men in trials of high the disabling from any office of trust, treason" are to be freeholders. or profit; the incurring the penalty of 12. All grants and promises of fines praemunire,' and the being rendered and forfeitures of particular persons, incapable of the King's pardon.
before conviction, are declared to be ilDuring the reign of Charles II, the legal and void. And abolition of slavish tenures, and the 13. It is provided, that for redress prerogatives of purveyance, and pre- of all grievances, and for the amending, emption also took place.
strengthening, and preserving of the WILLIAM AND MARY. (1689.) laws, parliaments ought to be held fre
The King and Queen (then Prince quently. and Princess of Orange), previously to The Lords Spiritual and Temporal, the offer made them of the crown (Feb. and Commons, do claim, demand, and 13, 1689,) by the Convention Parlia. insist upon all and singular the prement, assented to the DECLARATION mises, 66 as the ancient and indubitable OF RIGHTS. In the preamble to this right of the people of this kingdom." act, the misgovernment of James II. As the Declaration of Rights took is recited and exemplified; the abdica- place in the first year of the reign of tion of the government proclaimed, and King William, so the ACT OF SETTLEthe throne declared vacant, in conse- MENT was passed in the 12th and 13th. quence of his having “ by the assistance By this, of divers evil counsellors, judges, aud 1. Every Catholic prince is expressly ministers" endeavoured to subvert the excluded from the succession, which is Protestant religion, and the laws and fixed in the Protestant line, and in the liberties of this kingdom, by the exer- person of the Princess Sophia, Duchess cise of a power of dispensing with and Dowager of Hanover, grand-daughter suspending the laws, &c.
to James I. the next protestant heir, It is accordingly declared,
after the respective descendants of the 1. That the pretended power of sus. King, and the Princess Anne, daughter pending laws or execution of laws, of James II. without consent of parliament is illegal; 2. The heir is to be a member of the
2. That the pretended power of dis Church of England ; and if a foreigner, pensing with laws, as assumed, and shall not engage, without consent of exercised of late ;
Parliament, in any war, for the defence 3. That the commission for erecting of the dominions he may possess out of the late Court of Commissioners for the kingdom; or leave England, Scotecclesiastical causes or any courts of land or Ireland, without the same. the like nature;
3. That when this act of limitation 4. That the levying of money, for, or shall take place, no foreigner, although to the use of the Crown by pretence of a naturalized inhabitant, unless of prerogative, are illegal.
English extraction, shall be admitted 5. That it is the right of the subjects into the Council, or become a member to petition the King; and all commit of either House of Parliament.
4. That whoever should hold any intrusted. Again, it is urged by the pension or lucrative employment of the anti-vaccinists, that the cow pox affords King, shall be incapable of sitting in only a temporary security against the the House of Commons. And
small pox; in reply to such chimerical 5. That a pardon, under the Great objections, I would observe, that when Seal, shall be of no effect, against an the constitution has been fairly subimpeachment by the House.
mitted to the influence of vaccine ino
culation, there have been hardly two To the Editor of the Monthly Magazine. cases made out of thirty thousand which • SIR,
have been alleged in support of them; THE many opinions that have been and when we view this circumstance
1 advanced, and are now circulating alone, it ought to operate as a most deprejudicial to vaccination, have induced cided proof of its efficacy, more espeme to trouble you with the following cially when we find the same casual remarks deduced from a minute inves- irregularity in variolous or small-pox tigation into its nature, and the security inoculation; and viewing vaccination afforded by it against the attack of that as only mitigating the severity of small deplorable disease the small pox. pox infection (and which is allowed by
It has been asserted that many per. its most decided opponents) we ought to sons have been infected with small pox adopt the plan with alacrity, and make after having undergone vaccination. To it a duty we owe to future generations; such I would observe, that even small then how much more incumbent upon pox, notwithstanding inoculation, is us is it, if any probable measures frequently known to have been commu- could be effected to exterminate so fatal nicated to the same person twice, and and loathsome a malady, to receive sometimes oftener-therefore in their them as the greatest blessings conferred peculiar habits, where a pre-disposition on mankind, and eagerly to pursue to contagious disease is so decidedly them ? manifested, it is not to be expected that If parents could be prevailed on to vaccinations should completely annihi- make vaccination the necessary conlate it, although in all the cases that have comitant of baptism, no doubt would occurred after supposed vaccination, be entertained of finally eradicating the small pox has been proved to have small pox. The recent reports of the assumed a much more mild and favour success of vaccination, not only from able aspect.
all parts of Europe, but the world, as When the circumstance is considered well as its general introduction into of eleven thousand eight hundred pa- the public service, ought to confirm tients having been vaccinated within a its efficacy, and prove to wavering minds short period, in the Small Pox Hospital, its pre-eminent advantages over small in London, and afterwards out of this pox inoculation. number that two thousand five hundred Having thus far stated my humble were not only inoculated for the small ideas on this subject, it may perhaps be pox, but exposed to its infection under deemed necessary 1 should explain the most malignant appearances, and what is generally considered the most thereby proved to be secure against it; certain mode of vaccination. surely it ought to carry conviction into First, The greatest precaution should be the minds of the community at large, observed that no matter is taken after the and prove an invincible barrier to the ninth day from the vesicle. propagation of ideas so inimical to the i
. Secondly, That the matter should be in a true interests of mankind. In the few
perfectly fluid transparent state.
Thirdly, That the pustule should be deinstances that have been brought for fended as much as possible from external ward of the failure of vaccination, some irritation or injury. attention ought to be paid as to the ge- Lastly, That the skin should be in a comneral appearance of the disease at the plete healthy state. time, and to endeavour to retrace where Upon a review of these circumstanthe virus was obtained ; as I have seen ces, founded on facts, and supported many instances where vaccination has . by the favourable opinions of the been performed without any regard to most eminent practitioners of the the time of taking the matter, or regu- age, there can remain no doubt that the lar process of the pustule, more particu- period will soon arrive when the imlarly by those who have never been in. portance of vaccination will be duly structed, and to whom it is too often appreciated--and its first impression on
the the public mind bear a similitude to Dr. they would weigh exactly alike. This Harvey's celebrated discovery of the is called the par of exchange; if more is circulation of the blood, which suffered given for a bill than the gold it will under the same illiberal and dogmatical procure at maturity, it is called buying ideas, till at length the sublimity of the by one party, and selling by the other divine operations of nature dispelled at above par. If less is given it is called the dark cloud of ignorance, and over- under par. The standard coin both of whelmed the torrent of calumnious and England and the United States contain superstitious asseverations. That con- the same proportion of alloy, namely, trary opinions on popular questions one twelfth part; consequently, if the will ever be maintained admits of little above proportions were weighed fresh doubt, but all must concur in acknow from the mint of each, they would be ledging the indefatigable zeal displayed exactly equal. by Dr. Jenner in the public cause All dealings between foreign nations and that .
where an exchange is established, is Exegit monumentum ære perennius. regulated by a reference to either gold
HOR.ACE. or silver, as a standard measure of The subject would indeed afford a value. If two nations have the same much greater latitude, but a fear of metal for standard, then the reckoning trespassing on the columns of your va- is as before described, weight for weight luable Miscellany, prevents me. being the par. When one nation pays Haverhill, Suffolk, G, R. ROWE. in gold standard, and the other reckons Dec. 24, 1319.
in silver standard, there is even then a
given quantity of each agreed upon by To the Editor of the Monthly Magazine. merchants as a par of exchange. More SIR,
frequent deviations from the par of exI AM a merchant in a town in Eng. change will arise, but not to an extent
land where the profession as to re- materially to interrupt, or cause any spectability is too much degraded to violent shock to commercial dealings. gratify the vanity of any man, never- But if one nation reckons in paper theless as a merchant, I have no hesita- standard, and the other in gold, the tion in saying, that the Bank restriction paper being itself of no intrinsic or real is a fraud upon the public, and an injury value, it unavoidably follows that the to every honest and industrious man in value of the paper as to how much the community; but more especially gold it will purchase, must be estimated to all those who possess real capital, and before any transaction in purchase and are in any way concerned in the foreign sale of bills of exchange can take place. export trade.
A piece of paper may one day be worth It is amusing to hear some men who – that is, can purchase, an ounce of advocate the paper delusion, say, that gold, and the week after only purchase they do not understand the principle half an ounce, or not a quarter of an of exchange. The fact is, it does not ounce; and vice versa, according as more suit their argument to understand it. is forced into, or withdrawn from, circuI will endeavour to explain it so as to lation. Rapid or frequent variations of remove even the pretence of difficulty, this kind are unfavourable to commercial for the operation of exchange is as dealings, and it is scarcely possible they simple as it is useful. The par of ex. should be other than frequent, if they change then, is, a given quantity of are not rapid. A rise in exchange, for pure gold paid by one merchant to ano- instance, prevents or disinclines a fother for a piece of paper, called a bill of reigner from purchasing a bill to remit, exchange, which it is understood be- and he delays in hopes of the price tween the parties will enable the holder falling. For this reason it is obvious to demand and receive the same quan- that the STANDARD MEASURE OF VAtity of pure gold at a time and place LUE should be that which admits of thereon specified. For instance, 44 the least possible variation. Gold is, golden eagles from the Mint of the therefore, the best article for a stanUnited States of America (commonly dard, and paper the worst. expressed by 440 dollars, at 4s. 6d.) is I will now endeavour to shew how the pår of exchange for 991. British exchange operates, or is capable of opesterling. Then if the eagles were melted, rating in real mercantile transactions. and the alloy taken out, so also of 99 Gold is, in our currency (pounds, shilEnglish sovereigns, and the pure gold lings, and pence) 31. 17s. 10 d. per oz. of each were put into opposite scales, for the sake of brevity and perspicuity, MONTHLY MAG. No. 341.
"I will I will call it 41. per ounce. Then, when below par-equal to 224 ounces of gold is at 41. per ounce paper standard, standard gold : but in six months after, that is, when 41. Bank paper will purs when he has to remit, behold, Bank chase an ounce of gold, it is evident that paper is quoted by the last advices at a bill of exchange for 1001. is equivalent 41. per ounce of gold. The merchant to 25 ounces of gold; and I call this at who has shipped flour to Liverpool will par. But if gold is at 51. per ounce in not sell his bill of 1001. for less than England, while the par of exchange is 25 ounces of American gold coin ; so only 41., the man who purchases a bill that instead of discharging his debt of exchange for 1001. on this reck with 20 oz. of his gold coin, equivalent oning or mutual understanding, with to our 801. sterling, he has to advance so much of his country's gold coin as 25 ounces. Instead of gaining 10 per contains as much pure gold as 20 ounces cent. he actually loses 10 per cent. He of our standard contains, does actually demurs, protracts, and, if his debts are give the real par of exchange, weight heavy, his importations large, he is unfor weight of gold, but it would be able to bear the loss—he rails at the called buying at 20 per cent. below par. trade; he deprecates all dealings that Then, if I sell goods to a resident in subject him to such unforeseen and disAmerica for 1001. when Bank paper is astrous effects, and perhaps he breaks. equivalent to 41. per ounce, my cus Suppose at this time, that the mertomer, on receiving the invoice, may chants of Boston or New York owed to sell the package on arrival, say for 10 the merchants of Birmingham 40,0001. per cent. profit, that is, for his gold for goods charged when gold was at coin equal to 271 ounces of our stan- 51. per ounce Bank paper, equal to dard. In six months after, my credit 8000 ounces of gold coin ; but owing is expired, he has to remit, and he to some arrangement or contrivance finds that the price of gold has consi- between the Bank and Government, derably altered, and is then at 51. per when the credit for these goods had ounce, and that instead of 25 ounces of expired, gold was in England only 41. his coin to purchase a bill for remit per ounce, the consequence would be, tance, he can buy one for 20 ounces. that the goods themselves would have In this case he pays readily, and under fallen in value, fresh importations would such circumstances, debts due from fo- be charged at lower prices, and instead reigners are easily collected. Paper of 8000 ounces, they would have to furhas thus depreciated, that is to say, it nish 10,000 ounces, being an advance is more abundant, it is cheaper. The of 2000 ounces of gold coin, 80001. our bill is, as above expressed and explained, money, besides their goods falling in purchased in reality at the par of ex value. Can any man in his senses supchange, that is, as much gold is given pose that bankruptcies, compositions, for it as it will reproduce; but in com- procrastinations, in short, losses one mon parlance in reference to the stan way or another, would not be the condard par of exchange being 41. per sequence, and fall upon the British ounce, it would be called buying at 20 creditor ? I, for one, would not, and per cent. below par. The debt that do not hesitate to say, Confound the would require 44 eagles and a fraction system that subjects me to this uncer(equal to 444 dollars and upwards) to tainty and vacillation : my industry is pay 1001. on arrival of the goods, re- obstructed, and my security endangerquires, when the credit is expired, one ed, by the wretched system of a paper fifth less, or 35į eagles (equal to 355 standard measure of value. dollars, or thereabout); and the differ- The Bank restriction has given rise ence is an addition to the profit of to another fallacy, namely, that trade my customer. Now let us reverse the may be driven to any extent by means case.
of a paper currency; of course, “ that If I charge 1001. for goods when gold paper cannot be issued to excess ;" so is at 51. per ounce in Bank paper, and it has been expressed, that “it stimumy customer sells the goods per invoice, lates industry;" and it has been ason arrival, he reckons the exchange at serted, that no man can overtrade 20 per cent. below par, as above ex. himself,” that “plenty of capital will plained. The buyer of the goods will insure consumption," that “ money is oblige him so to reckon, of course, that not riches, which consist only of goods a sum of money in his gold coin weigh or articles of use to mankind," and ing 20 ounces, would purchase a bill; that “ no man can have too many of and he sells the goods for 10 per cent such things, a complaint to this effect