alarm that had been spread. Lord Eldon expressed his decided approbation of its principle: not one word can I find for which his Majesty's government deserves your thanks, or the thanks of any single dissenter: if his Majesty's ministers are the advocates of enlightened toleration, they must have undergone marvellous alteration since they came into office. Intolerance was the foundation stone of their preferment; their determination to resist the applications of the sectaries was the reason given for their preferment, while the last administration was sacrificed, if I may so say, for their desire to extend toleration. Is it possible that our thanks as dissenters can be due to his Majesty's ministers when we are thanking our noble and enlightened advocates, Lords Holland, Stanhope, Erskine, and Grey, whose speeches breathe the spirit of free and equal religious liberty to all; who are not only the friends of dissenters, but the friends of human kind, in wishing to promote religious peace, and destroy the cause of religious strife. "That you have thanked his Majesty's ministers under such circumstances unconnected with any services they have rendered you, is I think a proof that you are prostituting your influence already to party and political purposes unworthy men who are friends to enlightened and enlarged toleration. That you have thanked Lords Stanhope, Holland, Grey, and Erskine, for their eloquent and manly opposition to the provisions and principles of this bill is praise worthy; but that you have not thanked Lord Stanhope and Grey for their determination to introduce a bill in the next session which if carried, would at once destroy the efforts of the intolerant, and put an end to their attempts to regulate our affairs, sufficiently proves that your views extend no further than a quarter session or court of King's Bench strife, instead of directing the present energies of the dissenters to pour in their tribute of gratitude to those truly noble persons whose principles if brought into action would silence the voice of intolerance in these realms for ever. This certainly does not remind me exactly of the mountain after much groaning and convulsion bringing forth a mouse, but rather of the contemptible efforts of a mouse to nibble away the mountain. The effects of your withholding your particular thanks to Lord Stanhope for his in tended bill, and your thanking Mr. Perceval and his Majesty's ministers without producing one solitary instance of their service in the cause of toleration, is indubitable evidence that consistent principles with you are but of little account, and that they may be sacrificed at the shrine of ministerial favour. "I trust the dissenters in the country will, by a well-timed expression of their thanks to Lord Stanhope, form a noble contrast to your conduct, and redeem the character of the sectaries which bas been so much wounded by your inconsistency. A sensible magistrate in the county in which I reside, by no means a party man in politics, inquired of me, If I were one of the dissenters who thanked his Majesty's ministers for not flogging me?-Thus is the finger of scorn pointed at us through your misconduct." There are many persons who will think that the writer is somewhat too harsh in his reflections on the language of the Resolutions. It was evidently the design of the framers of them to conciliate all parties: their conduct, however, certainly af fords ground for the charge of inconsistency in the instances alluded to, and we trust that in the formation of their new society, they will pro fit by the free admonitions of their discontented brother. The letter concludes with soine appropriate observations on the useless made suggested by Lord Sidmouth of increasing the respectability of the establishment-" building more churches;" and on the ridiculous and imprudent remarks of his lordship concerning dissenting lay preachers. "Our preaching lay brothers," as the author observes, yea, even our tinkers and taylors, "will rise in the estimation of the public, not only by this, but by "every fresh comparison" between them and the clergy of the establishment, which may be provoked in .future." To the Letter is added a copy of the CHRISTIANS' PETITION, presented by Mr. Whitbread to the house of Commons, June 8, 1810, and which may serve as a model for all future petitions on the grand subject of religious liberty. Blackstone's Commentaries on the Laws and Constitution of England. Abridged. 5s. Tegg. Мотто. A competent knowledge of the laws of that society in which we live, is the proper accomplishment of every gentleman and scholar. In a former Review we thought proper, by way of warning to our readers in general, and our younger readers in particular, fully to expose the apologies for bribery, corruption, and intolerance, contained in a work professing to be an impartial compendium of the British Constitution for the use of Schools, but which was calculated to vitiate the minds of youth by inculcating those pernicious opinions which have produced such fatal consequences on the welfare and the morals of the people of Britaiu.—The work before us appears to be a faithful abridgment of the clebrated original, and is particularly calculated for the use of schools, as much useful knowledge on a very important subject is comprised in a small compass. The editor has prefixed a short introduction, containing extracts from various writers who have panegyrised the British constitution. We cannot, however, but wish he had not omitted in this Abridgment the sentiments of Blackstone on the defects of our representation, and the expediency of a Reform. Since that eminent lawyer wrote his Commentaries, a mass of evidence the most forcible and convincing to every impartial man, has been produced, to prove the necessity of a measure which can alone prevent the destruction of the constitution-PARLIAMENTARY REFORM. The Englishman's Right: A Dia logue between a Barrister at Law, and a Juryman; plainly setting * Custance's View &c. Pol. Rev. Vol. VI. P. 291. forth, 1. The Antiquity: II. The excellent designed use: III. The office and just privileges of Juries, by the law of England. By Sir John Hawles, Knight, Solicitor General to King William III. 7th Ed. 1s. Jones. A neat pocket edition of a most useful tract, which no one called to exercise the important office of a juror ought to be without: indeed all descriptions of our countrymen thereby rendered more sensible of may profit by its perusal; and be the importance of the right of trial by jury in its pure and genuine state. The editor of the present edition observes that " many circumstances might lead the reader to suspect, "that this dialogue has been altered "in order to accommodate it to the 66 Jurym. There is nothing (of a temporal concern) that I would more gladly be informed in; because I am satisfied, it is very expedient to be generally known. And first, I would learn how long trials by juries have been used in this nation. Barr. Even time out of mind; so long that our best historians cannot date the original of the institution, being indeed cotemporary with the nation itself, or in use as soon as the people were reduced to any form of civil government, and administration of justice. Nor have the several conquests or revolutions, the mixtures of foreigners, or the mutual feuds of the natives, at any time, been able to suppress or overthrow it. For, 1 and substance, though perhaps not just 1. "That juries (the thing in effect the number of twelve men) were in use among the Britons, the first inhabitants of this island appears, by the ancient monuments and writings of that nation, attesting that their freeholders had always a share in all trials and determinations of difference. 2." Most certain it is, that they were practised by the Sacons and were then the only courts, or at least an essen tial, and the greater part of all courts of judicature for so (to omit a multitude of other instances) we find in King Ethelred's laws, In singulis centuriis, &c. In every hundred let there be a court, and let twelve ancient freemen, together with the lord, or rather, according to the Saxon, the greve, i. e. the chief officer amongst them, be sworn, that they will not condemn any person that is innocent, nor acquit any one that is guilty. 3. "When the Normans came in, William, though commonly called the conqueror, was so far from abrogating this privilege of juries, that in the fourth year of his reign, he confirmed all King Edward the Confessor's laws, and the ancient customs of the kingdom, whereof this was an essential and most material part. Nay, he made use of a jury chosen in every county, to report and certify on their ouths what those laws and customs were; as appears in the proem of such bis confirmation. 4." Afterwards when the Great Charter, commonly called Magna Charta, which is nothing else than a recital, confirmation, and corroboration of our ancient English liberties, was made and put under the great seal of England, in the ninth year of King Henry the third, (which was Anno Domini 1225,) then was this privilege of trials by juries in an especial manner confirmed and established; as in the fourteenth chapter, That no amercements shall be assessed, but by the oath of good and honest men of the vicinage. And more fully in that golden nine-and-twentieth chapter-No freeman shall be taken or imprisoned, nor be disseised of his freeehold or liberties, or free customs, or be outlawed, or exited, or any other way destroyed, nor shall we pass upon him, or condemn him, but by the lawful judgment of his peers, &c. Which grand charter having been confirmed by above thirty acts of parliament, the said right of juries thereby, and by constant usage, and common custom of England, which is the common law, is brought down to us as our undoubted birthright, and the best inheritance of every Englishman. For as that famous lawyer, Chief Justice Coke, in the words of Cicero, excellently avers, Major hæreditas venit unicuique nostrum a jure et legibus quam a parentibus: It is a greater inheritance, and more to be valued, which we derive from the fundamental constitution and tuws of our country, than that which comes to us from our respective parents. For without the former, we have no claim to the latter. Jurym. But has this method of trial never been attempted to be invaded or justled out of practice? "Barr. It is but rarely that any have arrived to so great a confidence: For it is a most dangerous thing to shake, or alter, any of the rules, or fundamental points, of the common law, which in truth, are the main pillars, and supporters of the fabric of the commonwealth : these are Judge Coke's words. Yet sometimes it has been endeavoured: but so sacred and valuable was the institution in the eyes of their ancestors, and so tenacious were they of their privileges, and zealous to maintain, and preserve such a vital part of their birth-right and freedom; that no such attempts could ever prove effectual, but always ended with the shame and severe punishment of the rash undertakers. For example, "1. Andrew Horn, an eminent lawyer, in his book, entitled, the Mirrour of Justices, (written in the reign of King Edward I. now near 400 years ago) in the fifth chapter, and first section, records, that the renowned Saxon King Alfred caused four-and-forty justices to be hanged in one year, as murtherers, for their false judgments. And there recites their particular crimes, most of them being in one kind or other infringements, violations, and eucroachments of and upon the rights and privileges of juries. Amongst the rest, that worthy author tells us, he hanged one Justice Cadwine, because he judged one Hackwy to death without the consent of all the jurors; for whereas he stood upon his jury of twelve men, because three of them would have saved him, this Cadwine removed those three, and put others in their room on the jury, against the said Hackwy's consent. Where we may observe, that though at last twelve men did give a verdict against him, yet those, so put upon him, were not accounted his jurors; by reason all, or any of them, who were first sworn to try him, could not (by law) be removed, and others put in their stead: and that such illegal alteration was then adjudged a capital crime, and forthwith the said Cadwine was hanged. 66 King Henry VII. cap. 3. an act of parliament obtained (on fair pretences, and a specious preamble, as to avoid divers mischiefs, &c.") whereby it was ordained, That from thenceforth, us well justices of assize, as justices of the peace, upon a bare information for the king before them made, without any find ing or presentment by the verdict of twelve men, should have full power and authority by their discretions, to hear and determine all offences and contempts committed or done by any person or persons against the form, ordinance, or ef fect of any statute made and not repealed, &c. "By colour of which act (saith "Coke) shaking this fundamental law, (he means, touching all trials to be by "juries) it is not credible what HORRI66 BLE OPPRESSIONS and EXACTIONS, to "the undoing of MULTITUDES of people, << were committed by Sir Richard Empson, Knight, and Edmund Dudley, Esq. (being justices of the peace) throughout England; and upon this " unjust and injurious act (as commonly "in like cases it falleth out) a new office was erected, and they made masters "of the king's forfeitures." "But not only this statute was justly, soon after the decease of Henry VII. repealed by the stat. of the 1 Hen. VIII. cap. 6. but also the said Empson and Dudley (notwithstanding they had such an act to back them, yet it being against Magna Charta, and consequently void) were fairly executed for their pains; and several of their under-agents, as promoters, informers, and the like, severely punished, for a warning to all others that shall dare (on any pretence whatsoever) infringe our English liberties. For so the Lord Coke, having (elsewhere) with detestation mentioned their story, pathetically concludes; Qui eorum vestigüis insistant, exitus perhorrescant : let all those who shall presume to tread their steps, tremble at their dreadful end. Other instances of a later date might be given, but I suppose these may suffice." The following extract from Bishop Latimer's sermons, affords a striking specimen of the christian courage and integrity of that venerable reformer. 66 Bishop Latimer (afterwards a martyr in bloody Queen Mary's days, for the protestant religion) in his sermon preached before the most excellent King VOL. IX. . Edward VI. delivered these words: I must desire your grace to hear poor men's suits yourself. The saying is now, that money is heard every where: 'if he be rich, he shall soon have an end ' of his matter; others are fain to go 'home with weeping tears for any help they can obtain at any judge's hand. Hear men's suits yourself, I require you in God's behalf, and put them not to the hearing of these velvet coats, 'these upskips. Amongst all others, 6 one especially moved me at this time to speak: This it is, Sir: a gentlewoman came and told me, that a great 6 man keepeth certain lands of her's from her, and will be her tenant in spite of 'her teeth. And that in a whole twelve 'month she could not get but one day 'for the hearing her matter, and the same day, when it should be heard, the great man brought on his side a great sight of lawyers for his council; the gentlewoman had but one man of law, and the great man shakes him so, that he cannot tell what to do. So that when the matter came to the point, the judge was a means to the gentlewoman, "that she should let the great man have a quietness in her land.-I beseech 6 your grace, that ye would look to these " matters. And you, proud judges! hearken what God saith in his holy book; Auditeillos, ita parvum, ut magnum, 'hear them (saith he) the small as well 6 as the great; the poor as well as the 'rich; regard no person, fear no man. And why? Quia Domini judicium est, 'The judgment is God's. Mark this saying, thou proud judge; the devil will bring this sentence against thee at the 'day of doom. Hell will be full of these judges, if they repeut not, and amend : they are worse than the wicked judge that Christ speaketh of, Luke the 19th, that neither feared God, nor the world. Our judges are worse than this judge " was; for they will neither hear men for 'God's sake, nor fear of the world, nor importunateness, nor any thing else; yea, some of them will command them to ward if they be importunate. I "heard say, that when a suitor came to one of them, he said, what fellow is it that giveth these folks counsel to be so • importunate te? He deserves to be punished, and committed to ward. Marry, · Sir, punish me then; it is even I that gave them counsel; I would gladly be punished in such a cause; and if you ' amend not, I will cause them to cry out upon you still; even as long as I live.' These are the very words of that good bishop, and martyr, father Latimer: 'But now-a-days the judges be afraid to 'hear a poor man against the rich; in so much, they will either pronounce against him, or so drive off the poor 'man's suit, that he shall not be able to go through with it.'" One extract more will be sufficient to convince any one who may not yet have met with this tract, of its universal importance. It is indeed a shame that any Briton, when he can acquire so much knowledge, respecting one of our most important civil institutions at so cheap a rate, should any longer remain ignorant of its nature, or insensible of its value. "Public grievances can never be redressed but by public complaints, and they cannot well be made without the press; now, if public oppressions cannot possibly be removed without public complaining; and if such complaints, though ever so just and true, should be deemed libels against those who cause them, would not the rights and liberties of the public be in a fine situation? Our laws would be then delusions, our rights but shadows, and our liberties a dream. To secure the lives, liberties, and properties of the subject from all such oppressions, is the sole end or intention of juries; and, while they act according to their oaths, they will be a sufficient guard against them. and "There is a noble instance of the firm ness and integrity of a jury, lately published in the case of John Peter Zenger, printer, at New York; who was prose cuted, by information, for publishing a false libel against the governor. Mr. Hamilton, the prisoner's counsel, justly and bravely owned his client's publishing it, but insisted it was not false; would have produced witnesses to have proved its truth, but was denied by the court. In this cause every artifice of arbitrary power was used? and the judges plainly shewed, that they sat there only during the governor's pleasure; yet, notwithstanding all the partial influence of power, and base direction of the bench, the jury, to their immortal honour, acquitted the prisoner, by bringing in their verdict, Not Guilty. "Since which we have had at home, at the trial of Mr. Owen, for publishing the case of Mr. Murray, a more glorious instance of the wisdom and conscientious firmness of a jury; for though the prosecution was carried on against him at the desire of the honourable house of Commons, yet such was the invincible integrity of those brave gentlemen on the jury, that, to the inexpressible satisfaction of all honest men, and true lovers of their country, and to their own eternal honour, they acquitted him, by bringing in their verdict, Not Guilty. "When juries thus act according to their consciences, and bravely resist the illegal attempts of arbitrary power, they not only secure the lives and properties of their fellow-subjects, but transmit their names and virtues to posterity, in the shining records of eternal fame. The conscience of a jury is the supreme law, the law of right reason; over which, no rhetoric from the bar, no direction from the bench, should ever have the least sway or influ ence. The hearts of honest men are the temples of truth, which no interest can corrupt, no power or persuasion change: they will stand, like a rock, firm and immoveable, against all the waves of corruption, or winds of arbitrary power." The Judgment of whole Kingdoms and Nations, concerning the Rights, Power, and Prerogative of Kings, and the Rights, Privileges, and Properties of the People. By John Lord Somers. 11th. Edit. 3s. 6d. Jones. This most valuable tract which had become very scarce, was written by one of the most eminent of statesmen, who flourished in the reign of William III. and who was particularly distinguished for his attachment to the principles of the Revolution. He was equally respected for his talents, and his virtues. A celebrated writer sums up his character as follows:---“. He was one of those divine men who like a chapel in a palace, remains unprofaned, while all the rest is tyranny. corruption and folly; the incorrupt lawyer, and honest statesman; a master author; a genius of the finest taste, and a patriot of the noblest and most extensive views; a man |