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Compliments at Court 321 Fivances ; Manners;

Protestants; Scarcity :

Honours sold in favour

Morals

482

Measures, variety of 137

of the Virgin

658

Luxury to be checked 322

TURKEY:

King visits prisons 1014 Public Magazines: sup-
Lineo Trade ; Irish 658

ply deficiencies 483

Dreadful Conflagration 322

Merino Sheep vot to

Requisites for Citizen-

Seraglio, fire in 483

Hip exported

452

ship

843

WIRTEMBURGH.

Peerage, meeting of 481 Small Pox extermi-

Death of the King 484

SWEDEN

pated

659

Commerce St gnant :

SWITZERLAND

WALES, NEW SOUTH.

rains perpetual 483

Commerce impeded 841 Distresses from Drought 659

NATIONAL REGISTER : BRITISH.

Adder in a labourer's

Eel, Longevity of .... 494 Longitude , miscalcu.
pocket
326 Emigrants to France

lation

660
Apple Tree, wonderful 325

return in dudgeou 324 Lord Mayor elected a
Attornies, association 145 Emigrants returned from

second time

325

Bp. of Bangur : tithes

America ..

490 Luddites to be resisted 491

let by Auction ... 1019 Esquimaux at Edin-

Magnetic needle reced-

Bank : cash payments 660

burgh

146

ing northward

1016

Baok Dollars, time en-

Every one to his own;

Manufactures removed

larged

843

fields

sold during

from Nottingham 142

Bank Notes, still out 843

absence

491 Marlborough House re-

Beer, at Warebam 326 Exmouth, Lord, re-

verts to the Crown 1015

Beer, good, or none ..

665

ceives a sword from

Marriage subsequent to

Belvoir Castle, fire at 487

City of London 1015

Baptism

329

Benefit to distant coun-

Farmers, drying of corn 663 Mary-le-bone new

tries ; schools

Flax, a new specimen 1019

Church

1019

Bird of prey follows

Flour unsound, improv.

Medical Officer, dress 812

Sportsmen

664

ed

846 Methodists, Wesleyan 328

Births and burials, bill

French fruits in Covent

Millstoves ancient, found 668

of

846

Garden Market 325 Missions Wesleyan 1020

Bridge of wire, new.. 669

Frugality, Woolwich

Modest Attorney's

Bridges in London

Warren, labourers 665

charge

487

Butter exported from

Furs, skins, imported 1022 Money improperly spent,

Ireland

331 Gas Light ; Preston.. 142

punished

1020

Cacal, Leeds and Li-

Gold, price of ...... 322 Nail-makers, wages im-

verpool, completed

490

Hen extraordinary 1018

proved

844

Canal, new, important 669 Holy Island, St. Cuth.

Naval force

323

Castlertagh, Lord,

bert's

667 Navy, guns mounted 842

speech at Belfast 493 Honesty and diligence

Navy List

486

Caitle Herefordshire..

668

commemorated ... 666 Navy Orders, sizes of

Chapel Catholic, Glas.

peither

ships

1016

gow

848

one uor other

667 Oak, at Northam....

667

Charity recommended

Hop Market, state of 323 Oats dimiushid, rations 1015

by example

666 Humane Society, at

Opera House, re-sale of 141

Church Vuiou Society,

Hull

325 Oysters pleutiful 669

prize

1019 Improvement, trade,

Passage from Lisbon, in

Cider apd Perry, dimi-

660

four days

491

nished consumption 665 Improvement useful,

Passage, short from Ha-

Clock, on new principle 846

cheese

845

lifax

1019

Coin ge, Silver, new

Improvements; pecu-

Passes to France

323

322, 849, 1016

liarities ; Cromer 492 Passengers over the

College, new, Edio-

Insolvents, number of 490

Bridges

1019

burgh

843 Josurers at Lloyd's 662 St. Paul's Cathedral
Contract, Government
Intense Heat, by blow-

robbed

843

for beef

325

pipe

141

Conviction for refusing
Iron mavufactures 323

riched

666
sixpences

326
Iron road-way, Black

Pay, Naval, adjusted 842
Copper ore

669
Friars Bridge

ib. Penitentiary, partly
Cotton Manafactures 142

Jew baptized

145

peopled
Cow's milk, value of.. 144 Sir Joshua, horse, dies 668 Peuzavce pier, new light 486
Custom House, new 323
King's Health 137, 324, Pilchard large

668
Danger of scarcity in

485, 659, 842, 1014 Pilchards, draught of 325
Ireland ; Fines.... 331 Larch Timber, for ships 842 Place, valuable, ver-
Declaration, Leeds,
Lark, perfectly white 668

dict on (Ireland) 666
against seditious

1021
Leopold, Prince, birth-

Porter rise in price 843
Diving bell

486
day

660

Potatoes, frosted, im.

Earthquake Scotland 146, Linen, Irish, new vent

proved

807

for

670 Proclamation offering

East Indies, trade to 662

Lioness attacks a horse

£1,000

East India Company,

of the Exeter mail 326 Prospect of better times 491

continue labourers 845 Londou improvements 487 Present to the Arts 659

...... 1015

Public Houses ; Regu-

Silver, better than com-

Thetis frigate launched

lations proposed .. 1025

813

at Milford .... 1016

Public morals, improve-

Soap bard, versus soap

Trade to East Indies 490

ments in

490

soft

1022

Transport Board,

abolished

Reading Victuallers pe.

Society of Arts ; new

486

tition

145

Secretary

1018

Tuckey Capi. his jour-

Revevue, statement of 661 Societies, Bristol, col.

nals received

1016

Rhinoceros sold by Auc-

lections

845

Turbot fishery

1022

tion

1022

Solar spot3.....

139

Turnip wheat

144

Riots suppressed, notice

Soldiers' Widows: Wa.

Dr. Vincent's monu-

of

660

terloo Pensions 138

ment in Westmin.

Roscoe, Mr. Library
Southcote Johanna 1020

489

ster Abbey
sold
325 Spa-fields, meeting in 670

Weather severe

140, 493
Ruyal attendants, an-
Spitalfields Manufac-

Water wanting at Lon-

cient

661

turers

137

don Bridge

665

Sand Hills, Norfolk

143

- bounty to, 659

Weight lifted

145

Saving Banks... 324

daily ex-

Wellington, Duke of,

667

Savoy, the

322

pences

844

present to

Scalds and burps, re-
Subscription for the

Whitehaven Custotn

492

House

medy for

819

662

Şeamen, foreign, shelter
Thames fresh

Wine Foreign, diminu-

for

664

Gravesend

1016

tion of..

1018

Seatonian Prize, ad.
Thanksgiving Prayer 1014

Woollen manufactures

judged

493 Theatre, Drury Lane,

improve 324, 490, 1019

finances
Ship sunk, to prevent

Workmen of the South-

329
dry rot
496 Wales, Theatres closed 146

wark Bridge drowned 328

Silver coin

138, 485

Theatrical distress 845

Wreckers, in Wales,

reproved..... 847

BENEVOLENCE:

PARLIAMENTARY HISTORY. 148, 501,
Hints, Plans, and Proceedings of

678, 855
Southwark Female Society

495

POLITICAL PERISCOPE,
Hibernian Society, tenth Report

633

For September 1816 154 | For December 686
Society, Bible, Louisiana..... 819

October 332 January 1817 859

Climbing Boys, Society for preventiug 986

November 508 February

1036

POETRY

The Prelate, a character

850

STATE OF TRADE,

The Bard's Farewell to his Lute

850 For September 1816 158 | For January 1817 863

851

The Fisher's Grave

October 336 February

1040

On Gibbon the Historian

852

November 510 PATENTS 1023

832

December 689 | Patents in France

The Blacking Ball rivals

BIOGRAPHICAL MEMOIRS.

PRICES CURRENT 171, 336, 523, 699,

Alexander, Wm. Squire, Dr. John 1032

877, 1051
F.S. A. 1028 Stanhope, Earl

1032 BANKRUPTS and CERTIFICATES 161

Bawdwen, Rev. W. 1028 | Taylor, C. M.D. 1033

339, 512, 691, 867, 1043

Bell, Rev. W. D.D. 1028 | Townsend, Rev. J. 1033 TABLES, &c. 173, 351, 525, 701, 579, 1053

Curtis, Sir R. Bart. 1030 | Watson, Bp. R.

1034

AGRICULTURAL REPORT,

Haddart, J. Esq. 1030 Willyams, Rev. C. 1036 | For October 1816 338 January 1817 866

Macpherson D.

1031

November

February

1042

INDEX.

Adams

18 Delano's Travels 785 "Indigo

799 Repton, H. 401

Afzelius Dr. 612 Distress, causes of 703. Ingle, J

940 Richter

1001

Algiers Dey

307

Duaterra

107 Inglis

807 Rolls, Mrs.

947

Antoinette Marie 316 Earthquake in Scot Ionian Isles

748 Salmon

145

Asiatic Society 797

land

146, 807 Jews

133 Scanando, John

Baden, G. L. 769 Edmeston, Poems 761 Johnson's Travels 785 American Indian

Beaumont, Mr. 1020 Elephant fight 794 Judson, Mrs.

1011

Schlegel, M. 31

Bernard, Sir. T.

897 Emancipation 801 Junius

587 Selkirk, Ear! 391

Bible Society, Cal. 617 Evans, Mr. 104 · Knight, Mrs. 56 Shipbuilding, India 500

Black, Mr.

31 Exmouth, Lord 314, Koster, H. 546 Surprize, Brig 978

Boothroyd, Rev. 920

319, 985, 1016 Lavalée, M.

44 Symbolicals, Mem. 816

Boyne, L.'s. 774 Finance British 703 Legh, T. Esq. 811 Timbuctoo

18

Brazil

546 Forde, Miser 650 Liboschutz

787 Tuckey

805

Brocchi

790 Franklin Dr. 484 Literature, Indian 613 D'Ulanski, Baron 579

Buonaparte, N. 570 Galt, Mr.

61 Lizards alive 309 Vandoncourt, Gen. 748

Byron, Lord 409 Gillespie, Gen. 232 Lobh, R.

946 Warden, w. 570

Chahan de Cirbied J.935 Goomty River 795 Louisiana Map

723 West, B.

61

Colnett Lieut.

1009 Hamilton, Mrs. 287 Marsden, Rev. Mr. 802 Westphalia 794

Conchologia Fossile 790 Haskins, 'J. 598 Montgomery 414

Wheat Musty 804

Congo

805 Hatchett

804 Morgan, Rv. H. D. 1019 Williamson, Dr. 295

Cottages, Cows, 116 291 Herrings

145 Naylor, M. 216 Wilson, Mr. 241

Crabb, G.

739 Hezel, G. F.

791 Neele, H.

765 Wool

145

Cromwell, T. 593 Hoare, Sir R. C.

195 Norway

769 Woolnoth, W. 915
Colton, Rev. C. 945 Hohenhausen 794 Parkes, Mr. 645 Wymattee

802
Darby, w.
723 Holford, Miss 562 Pilchard

145 Young, A. Esq. 113
St. David's, Bp. of 847 Holland, Lord 920 Preston, Esq. 897 Zealand, New 8Q2
Davy Sir H.
142, 291 Holmes, H. 70 Reid, Dr.

734

END OF VOL. V. NEW SERIES:

512

999

AND

National Register:

For OCTOBER, 1816.

NATIONAL AND PARLIAMENTARY NOTICES,

(British and Foreign,)

PROSPECTIVE AND RETROSPECTIVE.

JURY COURT IN SCOTLAND. THE FIRST, SECOND, AND THIRD are by no means in a state to form a REPORTS

judgment on the accurate quantum of

remuneration due to biniselt, or to de OF THE LORD PRESIDENT OF THE

termine the precise amount of punishCOURT OF SESSION,

ment due to the criminality of which he THE LORD JUSTICE CLERK, complains. He snffers; be therefore, AND THE

resents ; his resentment incapacitatts him LORD CHIEF COMMISSIONER OF THE from equalizing the guilt and the peJURY COURT.

nalty: and of two penalties, one lighter,

the other beivier, he would chuse the Ordered by the House of Connons zo be Printed, most severe, from the natural impulse 27th March, 1816.

of his feelings, although correct equity

night declare itself satisfied with the above the brules is, that intellectual fa- "In this stage of things Society steps calty of discernment which qualifies hin in, and transfers to others of the comfor social life; that Reason, the exercise

munity the right and the duty of proof which exalts him in the rank of crea

nouncing on the case. They are indiftures, and marks him as Supreme of all ferent; they are not inflamed by pasterrestrials. That this should ever be sion, nor provoked by sense of injury, betrayed into error, or be overcome by nor beyond controul of cool and unbiasviolence, is extremely to be regretted; sed judgment. The sovereign poner of yet so it is; the Passions of humanity the state appoints Judges, the law apart in opposition to reason, and too points the penalty, and (among ouroften do violence to a power, to which selves) this is inflicted, in proportion to they should be altogether subservient, what aggravations, or abatements, have as their established guide and governor. distinguished the case. Issomuch that as Reason qualifies a man The law is the same for a whole kinga for forming one of a number associated dom; and the Judges who are to admia in general community, so Passion disqua- nister it-are the same; but, from the lifies him, and counteracts the advan- nature of things, they must be strangers tages attendant on reason. If passion be to the locality ; and strangers can not comes unruly, and discovers itself in possibly be informed on a variety of niiovert acts, the community, suffers in its nute particulars, which, by their applie combined interest, or some individual suf- cation, vary the force of the proufs fers in his particular interest. To en-brought in support, or refutation of a trust the individual, thus suffering, to charge. Strangers appear at one time; do bimself justice, is to confide a power but, they may or may not appear again; to bis passions, in turn; bis sense of in- or, after an interval so long, that the dignity, his self esteem, his l'evenge, memory of misconduct may be weakene Vol. V, No. 25, Lit. Pan. N. S. Oct. 1.

B

ed, if not obliterated. Strangers suffer | he is now a Judge, for the time, may, in nothing therefore, by loss of confidence, their turn, and perhaps speedily, be or of character, in ihe neighbourhood; Judges over him : his property, or his for the neighbourhood to them is vo- life, lis reputation, or his houour, may thing.

be in their hands, as their's is now in The principles of English Jurispru- bis. dence are built on a totally different We are to consider the principle and basis ; with them the neighbour-practice of Juries, as originating among hood is every thing; and they sup- people which boasted of but limited acpose, that a man to whom is comınitted quaintance with letters. Long pleadings on any occasion, the office of pronounc- were almost uvknown among them : the ing a verdict, would not only bring with testimony of their own eyes, or the dehim native integrity and honesty of clarations of witnesses of unimpeachinind, but also a dread of sanctioning able character, directed their opinion. a corrupt verdict, lest thereafter his They passed their verdict on Facts; former friends should stand aloof from and nothing less than rational conviction his company, lest those among whom swayed them. They could not read; he resides, with whom he must of they could not write; but they could necessity spend his future life, should hear, mark, understand, consider, and not only shun his intercourse, but should commune with each other, till they had regard bim as “ a man forbid,” a man, agreed on that form in which they who, having perjnred himself on such would declare the truth. an occasion, and having injured or The order anciently established in ruined, such a family,-may be pointed the arrangement of Juries was truly at with the “slow unmoving finger" of admirable : slight offences, were tried cantion and discrimination, hinting by a Jury of the neighbourhood, or the what is not spoken, and expressing by a hundred, in a Hundred Court; more sign, more than a lengthened accusa-considerable, in an assembly of several tion in words. Nothing can support hundreds, or the county; and from this, hut the consciousness of having hence an appeal lay to the king himself. faithfully and uprightly discharged a duty imposed by circumstances, and by stone) the policy of our ancient constitu;

“ Thus we may see (says Judge Blackhis country: if conscience is proof, in tion, as regulated and established by the i's recollection, against such inuendoes, great Alfred, was to bring justice home to the man may yet be happy; if the me every man's door, by constituting as many mory feels that the suspicion is but too courts of judicature, as there are manors true, farewell peace of mind, together and townships in the kiugdom, wherein with reputation and respect.

injuries were redressed in an easy and It was among the most ridiculous per- expeditious manner by the suffrage of versities of the French Revolutionists, weighbours and friends. These courts, howto give the name of Jury to a number over, communicated with others of a larger

jurisdiction, and those again with others of of men who occupied that office con

a still greater power, ascending gradually stantly, never changing, never receiving from the lowest to the supreme courts

, their reward, whether approbation, or which were respectively constituted to contempt, from their fellow citizens ; correct the errors of the inferior ones, and but, forming a corps, with all the oh- to determine such causes as by reason of duracy of habituated virulence; and this their weight and difficulty demanded a they called a Jury*. Whereas, an Eng- more solemu discussiou :-“ the source of lish Jury is a number of men taken justice thus flowing in large streams from from among the mass of citizens, and the king as the fountain to his superior returning instantly, after duty done, vided into smaller chaạnels, till the whole

courts of record, and being then subdiinto that mass again. Each of them feels and every part of the kingdom were plenthe full conviction, that those over whom tifully watered and refreshed. These in

ferior courts, at least the name and form of * See an extract in Lit. Pau. Vol. XI. them, still continue in our legal constitup. 405, in which the atrocities committed tion; but as the superior courts of record by a French Jury are noticed, and partly have in practice obtained a concurrent oridescribed

ginal jurisdiction with them, and as there prisciple, which directs that justice be is besides a power of removing plaints or brought home to every man's door, was actions thither from all the inferior juris- violated, in no trivial drgret: an appeal dictions; upon these accounts (among from the northern extremity of the others) it has happened that these petty island to the House of Peers in London, tribunals bave fallen into decay, aud al. most into obliviou ; whether for the better

was any thing, rather that that good old or the worse, may be matter of some spe maxim of our antient jurisprudence. culation, when we cousider, on the one By turning to our tenth volume, page band, the expense and delay, and on th: 210, the reader will recollect, that the other, the more upright and impartial de vumber of Scotch appeals before the cision that follows this change of juris- Lords, was two hundred und two; diction."

while those for England were only We doubt whether these last sentences fifteen ; and those for Ireland, thirty of this learned writer, are precisely those five. The next page informis liim, that demanded by the occasion. We should many of these appeals were lotged, rather have alluded to the complex merely for purposes of delay, and, of nature of modern property, and to the one, in particular, the solicitor reports, infinitely varied shapes it assumes ; so that after waiting seven yeurs, he took different from the more simple and it away, at the lust moment, on paying practical questions which, al ne could the costs. How far this was a sprcimen engage the enquiries of a Jury when f Scotch conciliation, we dare not proagriculture was the emplyment generally nounce; but it could not fail of striking followed, together with a few of the the House of Lords, as it struck us, of more necessary arts of life :—but, little demanding reformation, with urgency. trade, and very little commerce. Ве Now, the trial by Jury not having that as it might, the right of appeal been established in Scotland, it was from court to court, is certainly now worth trying the experiment, whether, very expensive, and whoever carries a under the sanction of that institution, question from its first rise to the der- the suitors to the Courts might not nier resurl, had need, in the present obtain satisfaction at home, and put only day, bave his pockets well filled with their expences be lessened, their time guineas, or his pocket-book well lined saved, their animosites diminished, and with bauk notes.

their bickerings more speedily termiBut, the disposition for carrying ap- nated, but also, the table of the Upper peals to the utmost, has been found by House ho relieved from a great part of experience to prevail most in Scotland, the weight under which it groaned, and a country, where the trial by Jury had the odium of delayed justice be renot been established. It was not occa

moved from the Highest Court of Adsioned by the partiality, or

ministration in the kingdom.

corruption of the Judges, but by the perseve

After much discussion, and consulta. rance of the litigating parties; it was

tion public and private, with the Scotch not seldom confirmed by the calculation Judges, Parliament gave its sanction to of how long time might elapse, be- the attempt. An Act was passed; and fore a suit could be determined in the the Reports before us, are the history last instance, the House of Lords,-nor

of what has ocrurred in consequenre. was it uncommon for a suit when set The tirst Report is chiefly employed down for immediate hearing, and on the in narrating the forms adopted in ese point of coming before the flouse, to be tablishing this novelty, the Jury Court closed on the terms of the last judgment; in Scotland. We afterwards, come to -all the delay that could be obtained, the consideration of seven causes, most of having been obtained, to the very latest which would still have been in contina moment.

uation, had not the Jury closed them, It must be confessed, that, when the by a verdict. dernier resort of Scotland, was, by the We take the first cause as an instance : Union of the two Crowns, and the two --it was a question of nuisance, for Kingdoms, removed to England, the erecting a Steain Engine, in a place

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