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418

Method of erecting Courts of Confcience, &c. Sept.

he would be pleafed to give directions to take a furvey of the officers, clerks, and minifters of the courts of juftice; and that an inquiry be made into their fees, in order to reform the fame, as to fuch as have been impofed upon the fubject, contrary to right, and to establish what are reasonable and legal."

It is therefore humbly hoped, if his majefty, who makes the laws of the land the rule of his government, preferring a parliamentary fanction in cafes of importance, before the exertion of his royal prerogative without it, fee meet to difpenfe with the power exerted by his predeceffors, and vefted in him; that out of his royal bene. volence, and from the preffing petitions or addreffes of his trading fubjects, to have fuch courts of confcience, or county courts, for their own accommodation, or for a general extenfion of them, he will be graciously pleafed to recommend to his parliament to be enacted (if the legislature," without fuch recommendation from the throne, do not graciously and voluntarily enact) That if one of his majesty's justices of the peace, in, or contiguous to, any great trading town, with the chief magistrate, and fix or more principal inhabitants thereof, and the high fheriff, with two juftices of the peace, of any county, with fix or more fubftantial freeholders, or principal

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not an attorney, for which the city of London hath given a precedent, and he to chufe the fummoner. The election for commiffioners and clerk, may be annually made under fuch powers and restrictions, as the courts of confcience for Southwark, and that for the county of Middlesex, are ufually held. Thefe courts may be as authentick as if a particular at had been granted for each, by the whole body of the legiflature; and if afterwards any alte ration or amendment be necessary, the fame gradual proceedings may be had to effe&t it.

For fome trading towns and counties, which have occafion for fuch courts, have B not a fund, nor publick (pirit to raise one fufficient to procure them at Westminster; and others have not difcernment enough to defcribe the common neceffity and utility of them: And, it is hoped, that the officers of the Hon. houfe of commons will not oppofe fo publick an utility, from an apprehenfion that their future fees will be dimiCnished by it, nor the commiffioners be. grudge their time and attendance, to compleat this amicable affociation, fince we ought not to ferve ourselves only, but ourfelves and our neighbours, confidering that he who serves us now, may be ferved by us another time.

But forafmuch as clerks may be prepoffeffed, and fummoners prove mercenary,

inhabitants of every hundred or riding, D by giving intelligence to the litigants, of the

within the fame, fhall petition the bench-
of juftices, of the general quarter feffions of
the peace for fuch county, for liberty to
erect courts of confcience, or county courts,
within the fame; particularly naming the
towns, parishes, ridings, or hundreds,
that are to be privileged therewith; and
inferting the times when, and the places
where, the fame are to be held; and the E
faid juftices, in open court certifying, under
their hands and feals, to the judges of the
next general affizes for fuch county, their
confent and approbation of such intended
inftitution; and procuring a certificate,
under the hands and feals of the judges, in
open court, fignifying their confent and con-
currence, directed to the chief magiftrate
of the town, or high fheriff of the county,
for the time being; it may be lawful for
fuch parishioners, who have a right to af-
femble in their feveral veftries, and for the
freeholders and principal inhabitants, in
the feveral ridings and hundreds in the
counties, to affemble and chufe a fuitable
number of difcreet and fubftantial inha-
bitants, in each parish or hundred, pro.
portioned to the number of parishioners
and freeholders, to ferve as commiffioners
at fuch courts, by rotation; and they, by
ballot, to chufe a clerk, who is a good
accomptant, of unblemished character, tho'

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names and refidence of the commiffioners
who are to try their caufe, who may pre-
viously influence fuch commiffioners in.
their favour, whereby juftice may be per-
verted; therefore it is humbly hoped, that
a claufe will be inferted in all future acts
for that purpose, to fine any clerk or fum-
moner for giving fuch intelligence, litigants
for influencing, or attempting to influence
the commiffioners, and commiffioners for
receiving any information or prepoffeffion
in the cause, except in open court, upon
any account whatsoever.

The reader is referred to the following inftances, fhewing the care of foreign princes, &c. for exonerating their subjects from vexatious and expenfive law-fuits, in their respective dominions,

Berlin, Feb. 11, 1749. We hear from Cleves, that, in confequence of the new regulation made by the king, for the more fpeedy adminiftration of justice, upwards of 150 law-fuits have been tried in the dutchy last year.

London, March 27, 1749. The aftrologers at Milan, who predicted from conjunction of malevolent planets in Libra, great troubles amongst the professors of the law, are like to get much reputation; his Prusian majetty having begun, by cauf

1751. Law Proceedings regulated by foreign Princes.

ing a new regulation in his dominions; the king of Denmark followed his example; her imperial majefty has lately pursued the fame measure; and the king of Sardinia has directed a general affembly of able men, to confider of ways and means to curtail legal proceedings.

Vienna, March 26, 1749. The method A of determining law. fuits within the year, having been practifed with great fuccefs, in the dominions of the king of Pruffia, and feveral states of the empire, the emprefs-queen has thought proper to introduce it into her hereditary dominions; for which purpose her imperial majefty has established a commiffion, to confider of proper meafures to put this method in practice.

Vienna, March 29, 1749. It is certain, that a great reform will be made in the law, and the lawyers, in the emprefs's hereditary countries, a commiffion being actually appointed for that purpose.

Prague, May 8, 1749. We have begun in this kingdom, to put in execution the method introduced in the Pruffian do. minions, for the more speedy and clear adminiftration of juftice: About 350 lawfuits determined within the space of a year, demonstrate the excellence of this new regulation, which the empress-queen has refolved hall take place in all the other provinces of her hereditary dominions.

Vienna, May 14, 1749. At length, a

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declaration at large hath appeared, con- D

taining the motives and the manner of the new regulation; by which her majesty fhortens the body of the law, in order to render it more vigorous and effectual, as well as more intellig ble and explicit. The like care has been taken in reference to the practice; fo that abundance, as well of high as of fmall courts, have been fup- E preffed, as well as the high office of chancellor of Bohemia and Auftria; instead of which, a fupreme tribunal is erected, wherein caufes will be decided in the laft refort.

Milan, March 2, 1751. It is strongly reported here, that an edict will shortly be published for regulating the fees of coun fellors and attornies, more efpecially with F regard to the latter, who will be strictly enjoined to conform themfelves thereto, on pain of forfeiting their employments.

From all which authorities it appears, that in confequence of the new regulation, made by the king of Pruffia, 150 law fuits had been determined within the year in one dutchy of his dominions, which induced. the queen of Hungary to appoint com G miffioners to propofe methods to introduce it into hers; and, in confequence thereof, a declaration was iffued for fhortning the law, to make it more intelligible, and to 5

419

regulate the practice of it: In conformity wherewith, they write from Prague, that 30 law.fuits had been determined within the year: And from Milan, that the fees of counsellors and attornies, more especially the latter, were to he regulated; which is an honour to thofe courts who projected and executed it, and a bleffing to their fubjects who enjoy it. And, by all accounts, fuch regulations were not more neceffary in any country, than they now are in the British dominions.

Thefe inftances indicate, that foreign princes, who formerly were afleep, and difregarded their fubjects repofe and intereft, when Britain was vigilant and attentive to both, are now attentive, when Britain is indolent and inactive.

Therefore, as the voice of the fubjects has long and loudly, even from the year 1648, as appears from the hiftorical preface to Sir John Fortefcue, lord chancellor of England's treatise, De Laudibus Legum Anglia, p. 11, 12, prayed for a relaxation from the oppreffion of law proceedings, than which nothing merits more the attention of the legislature: So it is humbly hoped, that a due and diligent regard will be paid to the late and prefent interceffions for that purpofe; it being reasonable that the laws fhould be useful, and not pre judicial, and the practice of them fo framed, as to defend the fubject, as much as poffible, against any lawiefs attempts, either

upon his perfon or property, and fecure him
in defence of the one, and recovery of the
other, with as much eafe and speed, and
as little expence to him as may be. It is
the advice of Ifocrates to a young prince,
to feek fuch laws as are equitable and use-
ful; fuch as may render the differences
amongst subjects as few as poffible, and
the accommodation of them no less eafy
and expeditious; and that every one may
recover his right by as fhort and as cheap
a procefs as can be contrived; which hath
been long and ardently wished for by the
British fubjects.

Extra of a Letter from Halifax in Nova
Scotia, dated June 30. (See p. 341.)
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FEW days fince the Indians in the French interest perpetrated a most horrible maffacre at Dartmouth, on the oppofite fhore, where they killed, fcalped, and frightfully mangled feveral of the foldiery and inhabitants: They spared not even the women and children. A little baby was found lying by its father and mother, all three fcalped. The whole town was a scene of butchery, fome having their hands cut off, fome their bell es ripp'd open, and others their brains dafh'd out,

Ggg &

420

A Favourite SONG,

In the SACRIFICE of IPHIGENIA.

How sweet are the flowers, how lov'ly the fpring, How gaudy
S

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

tafte when the heart is at cafe, We on-ly can tafte when the heart is at ease.

The flowers wou'd wither, the fpring have an end,

The pride of the grove wou'd decay;

The air wou'd be noxious, the birds but offend,
If my parent, my king, were away :

For not of themfelves the vain pageants can please,
We only can tafte, when the heart is at cafe.

Poetical ESSAYS in SEPTEMBER, 1751. 421
A COUNTRY DANCE.

MAGIES TOCHER.

First couple caft off, the fame again below the third couple, crofs over and caft up, that again to the top; gallop down the middle, up again, and caft off, right and left at top.

Poetical ESSAYS in SEPTEMBER, 1751.

On a young LADY's admiring berfelf in a
Glafs Tranflated from the French of
Monf. J'allange.

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3.

Twas thus Narciffus, who had gain'd;
The nymph's affection, he disdain'd,

His watry image fees.
His haughty heart to all befide,
Humbles to his own charms its pride,

And now's the prey of bees.

Lefs charming far than you, yet vain,
His beauty could his pride maintain,

The victim of its blaze:
But had he feen your potent charms,
Which fill my breaft with (weet alarms,
He had ador'd your rays.

More beautiful than he, be fure,
There nothing e'er the wound can sure,

Of your victorious eyes;

Then gaze on ftill, with wonder gaze,
While the bright glafs your charms displays,
And in felf glory rise.

6.

But if felf-adoration's pow'r
Cou'd change Narciffus to a flow'r,
Be of his lot aware ¿

An equalfate fuch charms attends,
You'll disappoint your lovers, friends,
And bless like him the air.

7.

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422 Poetical ESSAYS in SEPTEMBER, 1751.

Unstain'd with guilt, yet pitying those who

fail,

And always ready, when the wretched call, To dry their tears, to check the rifing figh, Hear their complaints, and foon relief apply. [ftall, Whilst others fought the mitre, or the You ftill declin'd the oft repeated call; Preferr'd a private fcene, and chose to shine In holy leffons, and a life divine. O could thy words thy fpirit now impart, To calm this flutt'ring restless thing, my heart; [flow!

What peace would then from refignation Such peace as pious fouls can only know.

Yet I, alas! immers'd in anxious thought,

Lament, regret, and still retain my fault ; Thou, like a parent, gladly wouldst relieve Ev'n cares and fears, which fancies only give.

From thee I find no biggot's four difdain,

Thy friendly accents mitigate my pain;
Nor are thy labours all beftow'd in vain.
Partial to me, my prefent ease you fought,
Fruitless attempt; no more indulge the
thought.

Be my immortal part thy future care ;
To the omnifcient address thy prayer,
That my great change may terminate in
blifs,

And every wordly hope be loft in this.

So then, when dire disease, or racking pain, [vain, Shall prove Machaon's care and science The eye-balls ftiffen, and the pulfe beats low, [fhow;

And quiv'ring jaws convulfive motions If in these moments, bleft with reason still, Able to pray, to think, to wish, or will; One earnest prayer I'll offer for my friend, To crown his labours, and to bless his end, Nottingham, July 7, 1751.

To a Successful RIVAL. HRICE happy Damon! to thy longing arms

THRE

Has Mira now refign'd her virgin charms ! O, may she still improve thy rapturous joy!

For never can her chaste endearments cloy. Thrice happy lover! prize thy beauteous

ftore; [more. Nor heaven can grant, nor mortal covet And when that face, where blooming in

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Thy rival once, thy rival now no more, Unenvy'd bids the all her fweets explore; And curft by thy prevailing destiny, Still fhowers down blessings on thy bride and thee.

Compell'd by fate, the charmer I refign; Nor will I at thy happier lot repine: The love of Mira has my foul renn'd, And from ungenerous paffions purg'd may mind. (on me, Had heaven bestow'd the glorious prize And you like Thyrfis lov'd, if that can be ; Imparadis'd within the fair one's arms, Bleft in her fmiles, and lord of all her charms,

Even then, reflecting on the joys you loft, A generous fympathy fome fighs had coft; By my own joys I fhould have guefs'd [vain ;

your pain,

And almost wifh'd, you had not lov'd in To fate alone have given the dear fuccefs, Nor thought my merit greater, nor yours lefs.

O! if a wretch, dead frozen by disdain, Can e'er by funny love be warm'd again; Then quickly, heaven, bright Mira's lofs repair [fair. By fome kind nymph, compaffionate as May Mira's milder glances arm her eye; Her cheeks may Mira's modest crimson dye; [grace,

Her fmiles may Mira's winning sweetness
And Mira's lilies blossom in her face:
The fame her features, be her mind the
fame ;

And Mira's virtues add to Mira's frame.

Then, to compleat the workmanship di

vine,

Give her a heart as true and fond as mine! With mutual flames our faithful bosoms warm ;

Let her like Thyrfis love, like Mita chaing. I ask no more, in love compleatly bleft, Let av rice and ambition take the rest. August 9, 1751.

ASONG. On Mrs. M. -tW-ff-n's Vifit to Ireland, in July, 1751. AVINIA, whom so long we mourn'd,

With mirth and beauty is return'd ; Again the gilds Ierne's plains, And cheers anew its drooping fwains. She joy o'er ev'ry vifage spreads, And ev'ry plant her influence sheds ; The fields their verdure fresher show, The flowers with richer colours glow. Where-e'er the treads, there pleasure

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