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good must result from the new enact- deserves attention from all parties in ments; but we should certainly have the state ; since as power changes been more confident in our expecta- hands, it may in turn be directed tions of advantage, if, before any re- against thein all, and as it is a disgulations were promulgated, it had cretion which no functionary will venbeen made incumbent on the judges ture to say that he does or ought to of both courts, to call on the several exercise, the doing it away could have law corporations for their suggestions hurt no feelings, and would have met as to what the new regulations should with no opposition. It would have be; convinced, that, with respect to been honourable, too, to have attemptall practical details, the members of ed the introduction of unanimity of these bodies are qualified to give ad- juries into our criminal law, in which vice and make suggestions of the ut- it is a thousand times more necessary inost importance. But although our than in the civil, now that it has been opinion of the good sense and infor- found practicable in the latter. But mation of those who compose these it would be endless to dwell on all corporations be much higher than that that has not been attended to in this of our author, we would not propose new law ; nor should we, perhaps, that their views should be impera- have said so much, had it not been to tive. We are most anxious, however, restrain a little the arrogating spirit that an opportunity should be given of our author. There is besides an of making them known, before the exaggeration in all his statements judges make up their own minds on and arguments that injures the the subject; and we should even like cause which he advocates. Our to see these bodies vested with the most anxious wish is, that the bupower of complaining, within a limite siness of the Jury Court may ined time, of any regulations enacted by crease under the new law; but that, the courts. By these means the judges as we have already intimated, will dewould be not only better informed, pend on the wisdom of the new regubut more upon their guard; and if lations. These have not yet been their power of framing regulations had promulgated ; but hoping and supbeen restricted to a certain period af- posing the best, we do not see how ter the passing of this act, the forins the business is to increase to the exof court, and the character of our tent, or with nearly that rapidity judges, would have stood higher with which is reckoned upon in the pamthe public. Many enlightened wel ihlet. Nearly all that class of cases, we have conceived that the power assum- imagine, which now must be sent to ed in some cases, and vested in our the Jury Court, were sent there presupreme judges in others, of altering viously on the diseretion of the all our forins of procedure, at all judges; and our author admits, “ that times, and on all occasions, at their upwards of a third of those (already) own pleasure, is not less inexpedient tried have been cases different from than unconstitutional. It tends, as damage," or, in other words, differhas been thought, to an oscillating ent from those which must, under the practice, and a disregard, to a certain new law, be transmitted from the degree, of all forms ;-to a looseness Court of Session. This proves, that of procedure not more injurious to li- hitherto there has been no disinclinatigants than to the law of the country. tion on the part of the latter Court to If this was an evil, therefore, it was send cases to the Jury Court; a fact continued, not cured, by the law un. which is so far from warranting the der consideration. There is no limit, expectation of any great increase of either as to time or authority, in the business, that it rather supports the powers given to the judges of framing opinion that what will henceforth go rules and regulations. Neither has directly went circuitously before ; any thing been done to cure another and as it appears from the returns evil of a radical nature, touching that not one-half of the cases transall sorts of jury trial in Scotland. Initted to the Jury Court have been We allude at present to the power actually tried there, the probability still vested in the sheriffs of counties is, that if more should be sent, fewer to return, in every case, the whole still in proportion will be tried ; but pannel of jurors, by selection or other. this, as we have binted, will depend wise at their own discretion. This much on the degree in which the amount of costs shall be reduced under Baron of Exchequer were not greet the new form of process.
certainly; but, to continue to hold that Our author seems also to exaggerate ofice, was manifestly inconsistent the additional labour which must fall with the dignity of President in a upon the jury-clerks. He calls the more important Court. It must also mode of proceeding new ; but if par- be apparent, from our previous obserties are still to be called on for con. vations, that we consider the duties descendences, answers, and revisals of clerk in the Jury Court as of the of these papers, as is plainly implied highest importance. But we do not in the view of the clerk's' duties, given agree with our author in thinking in the appendix, there is very little that advocates only are fit to prepare of novelty in the case. Since the very issues. We are rather inclined to hold formation of this Court, the jury that such a duty is more suitable to clerks have been under the necessity an intelligent and experienced agent, of perusing all those papers, and form- who is generally less impatient of deing issues from them; and hence the tail, and not always less qualified to only additional labour which will bé digest and generalize than an advothrown upon them, is that of revising cate. Supposing them equally well these papers, as they are lodged by informed, we would look on the huthe parties,-a duty of much import- bits of an agent as giving him a supeance to be sure, but which must ren- riority over a lawyer in discharging der the ulterior duty of preparing the the duties of such an office. It may issues much lighter. Nothing will also be reinarked, that a lawyer of henceforth be allowed to go into their high talents and great practice would offers of proof, but what can be readi- not accept an office which should ly turned into an issue ; but we must bring hiin only L. 600 a-year. But observe here, en passant, that whether in these observations, be it underjury trial shall become a blessing or stood, we are merely correcting an à curse to the country, will depend author who seems disposed to raise almost entirely on the manner in one branch of the profession at the which this power of revising conde- expence of another ; not following his scendences and answers shall be per- example, for we are quite aware that forned by the clerks of court, and on many individuals may be found in the checks established upon any arbi- both classes, who are fully and equaltrary views to be taken by thern, both ly qualificil to act as clerks in the Jury in regard to expence and efficiency. Court ; and we cannot help thinking, If the terms of these preliminary pa- that there is something invidious in pers, and of the issures also, be left en- making any distinction between them. tirely with the clerks, aided only by That distinction, however, seeing to private consultation with the judges; have been necessary to the support of or if there be not some less expensive our author's case; for it is on that method of parties calling the atten- ground chiefly that he justifies the tion of at least one of the judges to appointment of a fourth principal points on which they shall consider clerk. The labour of preparing issues, themselves aggrieved, than by a for- he informs us, had been devolved on mal hearing of counsel, we are much one of the clerks, and as it was imafraid, indeed, that evil and not good possible one clerk could continue to will result from the new statute. prepare all the issues after a great inThis is a mat:er of infinitely greater crease of business, another advocate importance than any question respect- becomes absolutely necessary: forgeting the number of clerks, or the ating that we already had other two mount of their salaries; and we vet principal clerks, whose incapacity to hope to see it taken up and examined prepare issues was not and could not by those who are much better quali- bc asserted. Now, we are by no fied than we are to do it justice. means satisfied that business is likely
On the smaller matters discussed to increase so much in the Jury in the pamphlet, we shall now say a Court for half a century to comie, as word or two. We agree with the au- that three principal clerks shall not be thor in considering it necessary to the able to revise all the condescendences interest of the new Court, that the and answers, and prepare all the is. head of it should not be distracted with sues; and as, after these, the whole other duties. Those of an rdinary duties of the office may very well be conducted by depute-clerks, three of Thy wild pipe touch'd by rustic hands, whom are authorized by the new act, Thy reaper's song from merry bands; we do not see the shadow of a reason Thy boatman's call with dashing oar, for the appointment of a fourth prin- Thy falling torrent's deafening roar ; cipal clerk. It is not the salary we
Thy busy city's humming sound,
With all the sweet bells chiming round, object to. That perhaps should be divided among the other three clerks;
Far on a strange and cheerless shore,
These ears unblest shall hear no more. for, with such important duties en- Happy is he, above all gain, trusted to them, it is quite fitting Who holds in thee his free domain, that their salaries should be respect. And roves with careless steps at will able. We object only to the creation O'er his paternal wood and hill, of an unnecessary office. And, if our And stores the fruit his harvests yield limits permitted, we should still ob- From his sweet orchard and his field ! ject to the manner in which the bill Happy is he that leads at dawn was hurried through Parliavnent. It His harness'd steers across thy lawn ! is well known in the profession that Yea, happy he, bent down with toil, varions clauses contained in it were
Whose glist'ning brow bedews thy soil ! objected to by another law corpora
How gently heaves the ev'ning sea,
r law, corpora. As all things homeward tend to thee! tiön besides the writers to the signet. Borne lightly on the fav’ring gale, And although the haste may have been Now homeward points each little sail; well intended, it was certainly not de- Ev'n floating plank and spreading weed, corous, nor deserving of that urqua. Upon the setting current speed; lified approbation which is bestowel Far screaming from their airy height, upon it by our author. There is The sea-fowl homeward take their flight; much tliat we could add, as suggested The light cloud passes on the wind, to us by his observations, especially While I alone am left behind. with respect to the forms of process
Ah woe is me! Where shall I stray,
And whither bend my reckless way? presently observed in the Court of
A waste of world before me lies, Session and Jury Court; but we must
must But in the thought my spirit dies. elefer all such additional remarks to
There is nor home, nor world for me, another opportunity.
My native land, removed from thee.
Upon no hills, no plains but thine.
For me the voice of kindness sounds
Rise surgy deep! ye rude winds blow, Dear distant shore ! whose headlands And whelm my bark these waves below! blue
Then bear me to my native land;
Will lay her green sward o'er my head ; Blest be that gleam of partial light
And there for ever let me rest, Which gives thee to my parting sight! As sleeps the froward child, stillid on his Those well-k:10wn cliffs, whose shadows mother's breast.
throw Soft coolness o'er the beach below, Where I, so oft, a happy child,
JUISTORICAL ILLUSTRATIONS OP Picking, or wecd, or shell, beguiled
The following passage in North's These feet unbless'd no more shall tread. translation of Plutarch will be found
Thy vallies rich in autumn's store, to have been closely copied in the With cheerful hamlets spotted o'er;
scene between Brutus and his wife in 'Thy mountains dark, whose stately forms Julius Cæsar. Are mantled oft in gathering storms;
“ His wife Porcia was the daughThy blue streams widening on their way,
ter of Cato, whom Brutus married, Thy broad lakes gleaming to the day;
being his cousin, not a maiden, but a Thy smoking towns, whose towers of war And dusky spires are seen afar,
young widow after the death of her Shall still each native's fondness raise,
first husband, Bibulus, by whom she And fix th' admiring stranger's gaze,
had also a young sonne called Bibulus, But now, for ever lost to me,
who afterwards wrote a booke of the These eyes unblest no more shall see. acts and gestes of Brutus, extant at this present day. This young lady spent a great deal of time about the being excellently well seene in philo- coast of Guinea, and by tedious calms, sophy, loving her husband well, and which lasted seventy days, were so being of a noble courage, as she was long labouring to cross the line. But also wise: because she would not aske when they had done this, and the her husband what he ayled before she South Pole appeared above the hori. had made some proofe by herselfe: zon, they held on their south course, She tooke a little razor, such as bar- and came upon the main of Brazil, bers occupy to pare men's nailes, and about that part of it which lies in causing her maides and women to go twenty-two degrees. In this latitude, out of her chamber, gave herself a December 13th, Pigafetta says, they great gash withall in her thigh, that had the sun in the zenith, with a she was straight all of a gore bloud ; greater degree of heat than under the and incontinently after, a vehement line itself. They observed it to be all feaver took her, by reason of the paine one continued tract of land, higher of her wound. Then perceiving her from the Cape St Augustin, which is husband was marvellously out of in this part of the country. They quiet, and that he could take no rest, found good store of fruits, sugareven in her greatest paine of all, she canes, and divers sorts of aniinals, out spake in this sort unto him: 'I be- of all which they had liberal entering, O Brutus, (said she,) the daugh- taininent. Having made two and one ter of Cato, was married unto thee, half slegrees more of south latitude, not to be thy bed-fellow and compać they fell in with a country inhabited nion in bed and at board onely, like a by a wild sort of pcople: They were harlot, but to be partaker also with of a prodigious stature, fierce, and thee of thy good and evill fortune. barbarous, niade a horrible roaring Now for thyselfe, I can find no cause noise; more like bulls than human of fault in thee touching our match; creatures ; and yet, with all that but for my part, how may I shew my mighty bulk, were so nimble and duty towards thee, and how much I light of foot, that none of the Spawould do for thy sake, if I cannot niards or Portuguese could overtake constantly beare a secret mischance or them. Here was a fine river of fresh griefe with thee, which requireth se water, that had seven islands in the crecy and fidelity? I confesse, that mouth of it, and was full seventeen a woman's wit commonly is too weake leagues wide in that part. This Mato keep a secret safely; but yet ( Bru- gellan took at first for the passage he tus) good education, and the com- sought. The biggest of those islands pany of vertuous men, have some yielded them some jewels, and they power to reforme the defect of na- named it St Mary. They continued ture. And for myselfe, I have this coasting along this tract of land tobenefit, moreover, that I am the wards the South Pole, and met with daughter of Cato, and wife of Bru- a couple of islands so full of seals and tus. * This, notwithstanding I did not pengwins, that, in an hour's space, trust to any of these things before, they could have laden all the five until that now I have found by ex- ships. The pengwins are a black, perience, that no paine or griefe heavy, unwieldy fowl, extremely fat, whatsoever can overcome me! With covered over with a sort of down inthese words she showed him her stead of feathers, and armed with a wound on her thigh, and told him bill like a raven's; they maintain what she had done to prove herself." themselves altogether out of the waters,
Again, the following curious ac- eating nothing but fish. Their next count, extracted from Magellan's Voy- advance was to forty-nine and one-half age to the South Seas, may throw degrees sonth latitude; here they some light on the origin of the Tem- were shut up by hard weather, and pest, and the character of Caliban. forced to take up their winter quarThe mention of the god Setebos seems ters for no less than five months. decisive of the identity of the source “ They passed their time in this from which he borrowed.
place but very unpleasantly, and for a “ They sailed from Seville the 10th long time believed that the country of August, A. D. 1519, and, October was uninhabited; but at length they the 3d, arrived between Cape Verd were undeceived, as to this point; for and the islands of that name; they a savage of the neighbouring parts came up to give them a visit; a brisk jolly particular description of it added, to fellow, very merrily disposed, singing justify or disprove the former sur. and dancing all the way as he came : mises about it. Being got to the haven, he stood there “ The general was desirous of makand threw dust upon his head, which ing some of these gigantic people prithey observing, sent some ashore to soners ; and, in order to it, his crew him, who making the like signs of took the following method: They fill. peace, upon that assurance he came ed their hands with toys, and little along with them to the ship, without things that pleased them, and, in the fear or scruple. His bulk and stature meantime, put iron shackles upon was such, as would easily allow him their legs, which they believed were the character of a giant; the head of very fine playthings, as well as the one of their midille-sized men reached rest, and were pleased with the jing. but to his waist, and he was propor- ling sound of them, till they found tionally big: His boily was formidl- how they were hampered and betrayably painted all over, especially his ed; but then they fell a bellowing face; a couple of stag's horns drawn like bulls, and implored the help of upon each cheek, and great red circles Setebos in that extremity; they cried about his eyes ; his colours were other. aloud for his assistance, but he did wise mostly yellow, only his hair was not come to deliver them; and what white. For his apparel he had the power it is they gave that name to skin of a beast clumsily sewed to- they best know. To desire his help gether; but a beast as strange as that in misery, implied some notions conwas that wore it, everyway unaccount- ceived of his goodness and compasable, neither mule, horse, nor camel, sion ; and it is not to be imagined, but something of every one, the ears that they would thus crave relief of of the first, the tail of the second, and an evil spirit, that used to vex and the shape and body of the last. It afflict them. It must be owned that was an entire suit, all of one piece they report very strange things of from head to foot; as his breast and horrid forms and appearances, freback were covered with it above, so quently seen amongst these people ; his very legs and feet were wrapped of horned dæmons with long shag up in the same beneath. The arms bair, throwing out fire both before that he brought with him were a stout and behind ; but these seem to be bow and arrows; the string of the dreams and fables. This account goes former was a gut or sinew of that further as to the inhabitants, and remonstrous beast ; and the latter, in- ports, that most of these people wear stead of iron heads, were tipped with the same sort of apparel that they first sharp stones. The admiral made him appeared in, that is, the skins of the eat and drink, and he enjoyed him- fore-mentioned beast; they go with self very comfortablyon siip-board, till their hair short; yet what there is, they he happened to peep into a large looke tie up with a cotton lace. They have ing-glass, that was given him among no fixed habitations, but certain moveother trifles. This put him into a fright, able cottages, which they carry from which he could not easily recover; so one place to another, as their fancy that, starting back with violence, he leads them; and the very same matumbled a couple of the men that terials which they use for the defence stood by him to the ground. How- of their bodies, they use also for the ever, this giant fared so well amongst defence and covering of these cottages : them, (notwithstanding the fright by What flesh they eat, they bestow no the looking-glass,) that quickly after ceremony of dressing upon ; but dethey had the company of more ; par- vour it fresh and raw as it comes to ticularly one came, and made himself their hands: Besides which, they have mighty familiar, carried it pleasantly, a certain sweet root amongst them caland with so much good humour a- led Capar, which is a considerable mongst them, that our Europcans part of their food. They add also, were also pleased with his company. that they are very jealous of their He gave them a sight of one of those women ; but they do not tell us they beasts whose skin they wear; but we saw any of thern." have, in this account, nothing of any