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1751. ABUSES in the Proceedings at L AW. 417 tage ? For that is not the best constitution not love to work. The candor of his apwhich hath the best laws, but that which peal was so jocund and genuine, and caused hath such best administered, and executed such an universal smile, that he was dila for a publick advantage,

missed with impunity; as, doubtless, Bar. Alcho' our lawyers, in conversation tholdi would have been by his Prussian amongst themselves, conclude, that when majesty, if, upon enquiry into the comtrade flourisheth, then doth the law ; this plaint exhibited against him by the courts allows trade to be the principal and effi. A of justice, his conduct had appeared as usen, cient cause of such legal prosperity ; but ful, and not detrimental. were the members of our législature en. I forbear to publish the important reasons, quired of, I humbly conceive the answer which an eminent counsellor gave to his would be, that the law was intended to be friend, for a regulation of the common and the efficient cause of the flourishing, and Atatute laws of England, and the practice not of the ruin, or oppreffion, of trade, thereof, and the dseadfulconsequences which so far as they were dependent upon, or he apprehended would ensue upon the neg. might limve a connexion with each other; lect of it. but as it often proves otherwise, and as


Nor Mall I particularize the pathetical utility can never be introduced too soon, surprize, which Peter the Great, a prince therefore it is said, that an a&t will be of uncommon capacity and extenfive parred in the next session of parliament for knowledge, Mewed in this kingdom, in preventing litigious fuirs, and to reduce the the reign of William Ill. upon that ac. time and expence for determining just ones : count ; it may fuffice that he penetrated This would animate freeholders, lovers of into the economy of the British customs their country, at the next election, to vote and constitution, and put in practice for those who zealousy promote it, and C what he esteemed laudable, and wore make babes to exult, who now whimperthy of imitation in his dominions ; but in their mother's womb.

hewed such an irreconcileable averfiən to I am well informed, that a cause came the practice of our laws, that before his Jately before an eminent man of the law, death, he regulated and shortened the prowherein the charges for a trining contro. ceedings of his own, which gave him much verly were of ro monstrous a fize, viz. pleasure and his fubje&s great tranquillity. 27 to 1, that the just judge being surprized This was not accounted the least glory in therewith, expressed his indignation against D

the annals of his reign, nor would the these incendiaries, who bring and inde- like regulation be the least in his present lible odium and reproach upon the practice majesty's. of the law.

It is held for (and therefore I doubt Upon this subject, I refer to Sect. XIV, in not is) good law, that the king may, by the El'ay for a General Regulation of tbe Law, his role authority, by patent or charler, published anno 1727, by Chrif. Tancred, creet courts of judicature, with such powers Erq; dedicated to the then lord chancellor annexed, as in his royal wisdom he may King, concerning barretry, the ill conre. think proper, or by his council be advised; quences of it, and the remedy to prevent E whether our superior courts were originally it ; and also to an account that came, in ro established, is a point as much too cu. April lart, from Berlin, viz. His Pruffian rious and learned, as unnecessary for me to majesty having published repeated edias, decide. for preventing the pernicious practices of But if my memory does not deceive me, pettifoggers, which have hitherto proved all the lower and inferior courts have their ineffectual, has at last had recourse to a sovereign's grants for their bafis ; wherefore, method, which, it is believed, will be at- his present majesty's royal prerogative entended with success; in Mhort, he has sent f titles him, more especially with the advice one Bartholdi, who had got a great deal of of his council, to annul such inferior courts money by setting people together by the as are onerous, to re&ify those that are ears, to Spandau, where he is to work in part so, or to abolish the whole, and upon the fortifications for the space of 3 institute others, under betier regulations. years.

inftead thereof, consistent with our own If all such pettifoggers in Europe were conftitution. That such power is vefted lo employed, the fortihcations would be in his majesty, not only to regulate then, made imprenable, unless Mr. Robertson but the superior courts of justice also, whis of Killmuck's answer to the fynod in G well known to the Hon.commons of Gre.co Scotland, when called before them for Britain, who therefore, on March 4, 1750, teaching school without licence, correfpond- refulved as followeth, which was a fuf ed with their sentiments ; viz. I was bred ficient sandtion for appointing commishonapt e sobolar; and be bretbren upon ebe bencb to execute it ; viz. That an addreri know, Ibat we wbo wire bred sebelars, do thould be presented to his majefty, the September, 17.51.



Method of erecting Courts of Conscience, &c. Sept. he would be pleased to give directions to not an attorney, for which the city of take a survey of the officers, clerks, and London hath given a precedent, and he ministers of ihe courts of justice ; and that to chure the summoner. The election for an inquiry be made into their fees, in order commiffioners and clerk, may be annually to reform the same, as to such as have been made under such powers and restrictions, impored upon the subject, contrary to right, as the courts of conscience for Southwark, and to eftablish what are reasonable and and that for the county of Middlesex, are legal."

A usually held. These courts may be as au • It is therefore humbly hoped, if his ma- thentick as if a particular ad had been jesty, who makes the laws of the land the granted for each, by the whole body of the Fule of his government, prelerring a par- legislature ; and if afterwards any alteliamentary sanction in cases of importance, ration or amendment be necessary, the before the exertion of his royal prerogat.ve, same gradual proceedings may be had to without it, fee meet to dispense with the effect it. power exerted by his predeceffors, and For fome trading towns and counties, vefted in him ; that out of his royal bene. which have occalion for such courts, have volence, and from the pressing petitions or

B not a sund, nor publick spirit to raise one addreifes of his trading subjects, to have fufficient to procure them ar Westminster; such courts of conscience, or county courts, and others have not discernment enough to for their own accommodation, or for a describe the common necessity and utility general extension of them, He will be of them : And, it is hoped, that the officers graciously pleased to recommend to his par

of the Hon. house of commons will not liament to be enacted (if the legislature, oppose lo publick an utility, from an apprewithout such recommendation from the Acnfion that their future fees will be dimithrone, do not graciously and voluntarily C nished by it, nor the commissioners be. enact) That if one of his majesty's justices of grudge their time and attendance, to comthe peace, in, or contiguous to, any great pleat this amicable association, fince we trading town, with the chief magistrate, ought not to serve ourselves only, but our. and fix or more principal inhabitants there selves and our neighbours, considering that of, and the high Meriff, with two justices he who serves us now, may be served by us of the peace, of any county, with fix or another time. more fubftantial freeholders, or principal But forasmuch as clerks may be prepofinhabitants of every hundred or riding, seffed, and summoners prove mercenary, within the fame, mall petition the bench D by giving intelligence to the litigants, of the of justices, of the general quarter seffions of names and residence of the commiffioncrs the peace for such county, for liberty to who are to try their cause, who may preerect courts of conscience, or county courts, viously influence such commiffioners in within the same ; particularly naming the their favour, whereby justice may be pertowns, parishes, ridings, or hundreds, verted ; therefore it is humbly hoped, that that are to be privileged therewith; and a clause will be inserted in all future acts inserting the times when, and the places for that purpose, to fine any clesk or sumwhere, the fame are to be held ; and the E moner for giving fuch intelligence, litigana said justices, in open court certifying, under for influencing, or attempting to influence their hands and feais, to the judges of the the commissioners, and commiffioners for next general aflizes for such county, their receiving any information or prepoffeffion consent and approbation of such intended in the cause, except in open court, upon institution; and procuring a certificate, any account whatsoever. under the hands and seals of the judges, in The reader is referred to the following open court, fignifying their consent and con- instances, Thewing the care of foreign currence, directed to the chief magistrate f princes, &c. for exonerating their fubje&s of the town, or high heriff of the county, from.vexatious and expensive law-suits, for the time being; it may be lawsul for in their respeaive dominions. fuch parishioners, who have a right to ar. Berlin, Feb. 11, 1749. We hear from semble in their several vestries, and for the Cleves, that, in consequence of the new freeholders and principal inhabitants, in regulation made by the king, for the more the several ridings and hundreds in the fpeedy administration of justice, upwards counties, lo affemble and chufe a suitable of 150 law-suits have been tried in the number of discreet and fubftantial inha. dutchy last year. bicanis, in each parish or hundred, pro. G London, March 27, 1749. The astroportioned to the number of parishioners logers at Milan, who predicted from a . and freeholders, to serve as commissioners conjunction of malevolent planets in Libra, at: such courts, by rotation ; and they, by great troubles amongst the professors of the ballot, to chuse a clerk, who is a good law, are like to get much reputation ; his 24comptant, of uablemished character, cho Prusian najetty having begua, by cauf.


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1751. Law Proceedings regulated by foreign Princes.

419 ing a new regulation in his dominions ; regulate the practice of it: In conforthe king of Denmark followed his example; mity wherewich, they write from Prague, ker imperial majefly has lately pursued that 310 law. suits had been determined the same measure ; and the king of Sardinia within the year : And from Milan, that has directed a general assembly of able

the fees of counsellors and attornies, men, to consider of ways and means to more especially the latter, were to be recurtail legal proceedings.

gulated; which is an honour to those Vienna, March 26, 1749. The method a courts who projected and executed it, and of determining law. suits within the year, a bleffing to their suhjeets who enjoy it. having been pra&tised with great fuocess, And, hy all acc onts, such regulations in the dominions of the king of Prusia, were not more necessary in any country, and several states of the empire, the em. than they now are in the British dominions. press-queen has thought proper to introduce There instances indicate, that forcign it inco her hereditary dominions ; for which princes, who formerly were alleep, and purpose her imperial majesty has established disregarded their subjects repose and ina a commißion, to confider of proper mea. tereft, when Britain was vigilant and at. fures to put this method in practice.

B tentive to both, are now aitentive, when Vienna, March 29, 1749. It is certain, Britsin is indolent and inactive. that a great reform will be made in the Therefore, as the voice of the subje&t's law, and the lawyers, in the empress's has long and loudly, even from the year hereditary countries, a commission being 1648, as appears from the historical preface a&ually appointed for that purpose.

to Sir John Fortescue, lord chancellor of Prague, May 8, 1749. We have begun England's treatise, De Laudibus Legum Anin this kingdom, to put in execution the gliæ, p. 11, 12, prayed for a relaxation method introduced in the Pruffian do. c from the oppression of law proceedings, minions, for the more speedy and clear ad- than which nothing merits more the at. ministration of justice : About 350 law. tention of the legislature : So it is humbly suits determined within the space of a year, hoped, that a due and diligent regard will demonsrate the excellence of this new re. be paid to the late and presint intercessions gulation, which the empress-queen has for that purpose ; it being reasonable that resolved thall take place in all the other the laws should be useful, and not pree provinces of her hereditary dominions. judicial, and the practice of them so framed,

Vienna, May 14, 1749. At length, a as to defend the subjeét, as much as porn declaration at large hath appeared, con

D Gible, against any lawiess attempts, either taining the motives and the manner of the upon his person or property, and secure him new regulation ; by which her majesty

defence of the one, and recovery of the nortens the body of the law, in order to other, with as much ease and speed, and render it more vigorous and effectual, as as little expence to him as may be. It is well as more intellig ble and explicit. The the advice of Isocrates to a young prince, like care has been taken in reference to the to seek ruch laws as are equitable and usepractice ; so that abundance, as well of ful; such as may render the differences high as of small courts, have been sup. E amongst subjects as few as possible, and prefred, as well as the high office of chan. the accommodation of them no less easy cellor of Buhemia and Austria ; instead of and expeditious į and that every one may which, a supreme tribunal is erected, recover his right by as mort and as cheap wherein causes will be decided in the last a process as can be contrived ; which hach resort,

been long and ardently wished for by the Milan, March 2, 1751. It is strongly British subjects. reported here, that an ediêt will shortly be published for regulating the fees of coune

Extrait of a Letter from Halifax in Nova sellors and actornies, more especially with F Scotia, dated June 30. (See p. 341.) regard to the latter, who will be strialy FE W days fince the Indians in the enjoined to conform themselves thereto, on pain of forfeiting their eniployments.

horrible massacre at Darimouth, on the op. From all which authorities it appears,

posite More, where they killed, scalped, that in consequence of the new regulation, and frightfully mangled leveral of the rolmade by the king of Prussia, 150 law suits diery and inhabitants : They spared noc had been determined within the year in

even the women and children. A little one durchy of his dominions, which induced. baby was found lying by its father and mo. the queen of Hungary to appoint com G ther, all three scalped. The whole town mifsioners to propose methods to introduce was a scene of butchery, some having their it into hers; and, in consequence thereot, hands cut off, rome their hellies ripp'd a declaration was irrued for thortning the open, and others their brains danh'd out, law, to make it more intelligible, and to 5


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Yet not of themselves the gay beauties can please, We only can

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Poetical ESSAYS in SEPTEMBER, 1751. 421




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that again to the top * ; gallop down the middle,' up again, and cast off, right and
Jeft at top.
Poetical ESSAYS in SEPTEMBER, 1751.

An equalfate such charms attends,
On 4 young Lady's admiring berself in a You'll disappoint your lovers, friends,

Glass. Translated from ibe French of And bless like him the air.
Mons. J'allange.


Yet I, whose break soft pleasures move, Fever blooming beauty warm’d, Must make this pray'r to pow'rs above, And with its softest lustre charm'd,

To be a Dephyr gay ; 'Tis in this happy day;

And when you all your charms disclose, When in this mirror, the fair maid,

And emulate the blooming rose,
Her radiant charms to fight display'd,

In your sweet foliage play :
With conscious beauty's gay.


With rapture in each gentle gale,
With those bright eyes for love design'd, 'I would the fragrant (weets inhale,
Content your youthful harmless mind,

That fill the circuit round ;
And pleas'd in triumph (mile ;

I'd on your beauties ever gaze, ,
Yet fear, left Venus, queen of love, Content my love ten thouland ways,
Who sports with men and gods above,

And circle the blest ground.
Intends some hidden guile.

Foshua Diafdale. 3. 'Twas thus Narciffus, who had gain'd @n seeing a PICTURL of the celebrated Mife The nymph's affection, he disdain'd,

G-10-8, drawn by M. W-I-n.
His watry image sees.

TUPID one day a picture drew;
His haughty heart to all befide,
Humbles to his own charms its pride, She mark'd the beauties of the face,
And now's the prey of bees.

Each sparkling trait, each blooming graces

When loon the cunning prying elf Less charming far than you, yet vain, Perceiv'd the took it for herself. His beauty could his pride maintain, But the pert rogue replies in spite, The vi&tim of its blaze :

It is Miss G-on-8; where's your fight? But had he seen your potent charms, Bright Verius blund; nor cou'd deny't. Which fill my breaft with (weet alarms, He had ador'd your rays,

To ibe Reu. Mr. - in Nhire. 5. More beautiful than he, be sure,

HY worth, Paternus, claims the There nothing e'er the wound can cure,

poet's lays ; Of your victorious eyes ;

Yet, self deny'd, an enemy to praise, Then gaze on still, with wonder gaze, You fun expressions from a grateful heart; While the bright glass your charms displays, Then, o forgive this inoffensive art : And in self gbory rise.

Accept the willing thanks I thus address 6.

To thee, the friend of virtue in distress ; But if self-adoration's pow's

Without ambition, and without defire, Cou'd change Narcissus to a flow's,

But luch as glows with true celestial fire ;

Un. Be of his lot aware ;




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