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Compliments at Court 321 Fivances ; Manners;
Protestants; Scarcity :
King visits prisons 1014 Public Magazines: sup-
ply deficiencies 483
Dreadful Conflagration 322
Adder in a labourer's
Eel, Longevity of .... 494 Longitude , miscalcu.
return in dudgeou 324 Lord Mayor elected a
let by Auction ... 1019 Esquimaux at Edin-
Magnetic needle reced-
843 Josurers at Lloyd's 662 St. Paul's Cathedral
Conviction for refusing
Pay, Naval, adjusted 842
ib. Penitentiary, partly
485, 659, 842, 1014 Pilchards, draught of 325
dict on (Ireland) 666
Porter rise in price 843
Potatoes, frosted, im.
670 Proclamation offering
East Indies, trade to 662
Lioness attacks a horse
East India Company,
of the Exeter mail 326 Prospect of better times 491
continue labourers 845 Londou improvements 487 Present to the Arts 659
Roscoe, Mr. Library
Water wanting at Lon-
Scalds and burps, re-
Şeamen, foreign, shelter
Wine Foreign, diminu-
Seatonian Prize, ad.
Workmen of the South-
wark Bridge drowned 328
PARLIAMENTARY HISTORY. 148, 501,
For September 1816 154 | For December 686
October 332 January 1817 859
December 689 | Patents in France
Alexander, Wm. Squire, Dr. John 1032
1032 BANKRUPTS and CERTIFICATES 161
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
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
546 Forde, Miser 650 Liboschutz
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.
1009 Hamilton, Mrs. 287 Marsden, Rev. Mr. 802 Westphalia 794
Conchologia Fossile 790 Haskins, 'J. 598 Montgomery 414
Wheat Musty 804
804 Morgan, Rv. H. D. 1019 Williamson, Dr. 295
Cottages, Cows, 116 291 Herrings
145 Naylor, M. 216 Wilson, Mr. 241
739 Hezel, G. F.
791 Neele, H.
Cromwell, T. 593 Hoare, Sir R. C.
769 Woolnoth, W. 915
145 Young, A. Esq. 113
END OF VOL. V. NEW SERIES:
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.
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