tion of it in all its parts, from whence indeed its highest enco'mium will arife; fince the more it is fearched into and understood, the more it is fure to be valued. And this is a fpecies of knowledge moft abfolutely neceffary for every gentleman in the kingdom: as well becaufe he may be frequently called upon 'to determine in this capacity the rights of others, his fellow-fubjects; as becaufe his own property, his liberty, and his life, depend upon maintaining, in its legal force, the conftitutional trial by jury." After fully performing his prohife, and analyfing every part of this method of trial, our author goes on as follows: and Carthage, were ftrangers to the trial by jury. On "Great as this eulogium may feem, it is no more than this admirable conftitution, when traced to its principles, will be found in fober reafon to deferve. The impartial adminiftration of juftice, which fecures both our perfons and our properties, is the great end of civil fociety. But if that be entirely entrufted to the magiftracy, a felect body of men, and thofe generally felected by the prince or fuch as enjoy the higheft offices in the ftate, their decifions, in fpight of their own natural integrity, will have frequently an involuntary bias towards thofe of their own rank and dignity: it is not to be expected from human nature, that the few fhould be always attentive to the interefts and good of the many. the other hand if the power of judicature were placed at random in the hands of the multitude, their decifions would be wild and capricious, and a new rule of action would be every day eftablished in our courts. It is wifely therefore ordered, that the principles and axioms of law, which are general propofitions, flowing from abftracted reafon, and not accommodated to times or to men, fhould be depofited in the breafts of the judges, to be occafionally applied to fuch facts as come properly afcertained before them. For here partiality can have little fcope: the law is well known, and is the fame for all ranks and degrees; it follows as a regular conclufion from the premifes of fact pre-established. But in fettling and adjusting a question of fact, when intrafted to any fingle magistrate, partiality and injuftice have an ample field to range in; either by boldMontefq. Sp. L. xi. 6. Upon thefe accounts the trial by jury ever has been, and I traft ever will be, looked upon as the glory of the English law. And, if It has fo great an advantage over others in regulating civil property, how much muft that advantage be heightened, when it is applied to criminal cafes! But this we must refer to the enfuing book of these commentaries: only obferving for the prefent, that it is the most tranfcendent privilege which any fubject can enjoy, or with for, that he cannot be affected either in his property, his liberty, or his perfon, but by the unanimous confent of twelve of his neighbours and equals. A conftitution, that I may venture to affirm has, under providence, fe*cured the just liberties of this nation for a long fucceffion of ages. And therefore a celebrated French writer*, who concludes, that because Rome, Sparta, and Carthage have loft their liberties, therefore thofe of England in time muft perish, fhould have recollected that Rome, Sparta, ly power, till the ftate has been torü to pieces by rival factions, and oligarchy in effect has been established, though under the fhadow of regal government; unless where the miferable commons have taken fhelter under abfolute monarchy, as the lighter evil of the two. And, particularly, it is a circumftance well worthy an Englishman's obfervation, that in Sweden the trial by jury, that bulwark of northern liberty, which continued in its full vigour fo lately as the middle of laft century*, is now fallen into difufet: and that there, though the regal power is in no country fo clofely limited, yet the liberties of the commons are extinguished, and the government is degenerated into a mere ariftocracy. It is therefore, upon the whole, a duty which every man owes to his country, his friends, his pofterity, and himself, to maintain to the utmoft of his power this valuable conftitution in all it's rights; to reftore it to its ancient dignity, if at all impaired by the different value of property, or otherwife deviated from its firft inftitution; to amend it, wherever it is defective; and, above all, to guard with the moft jealous circumfpection against the introduction of new and arbitrary methods of trial, which, under a variety of plausible pretences, may time imperceptibly undermine this beft prefervative of English liberty." ly afferting that to be proved which is not fo, or more artfully by fuppreffing fome circumstances, ftretching and warping others, and diftinguishing away the remainder. Here therefore a competent number of fenfible and upright jurymen, chofen by lot from among thofe of the middle rank, will be found the best inveftigators of truth, and the fureft guardians of public juftice. For the moft powerful individual in the state will be cautious of committing any flagrant invafion of another's right, when he knows that the fact of his oppreffion must be examined and decided by twelve indifferent men, not appointed till the hour of trial; and that, when once the fact is afcertained, the law muft of courfe redress it. This therefore preferves in the hands of the people that share which they ought to have in the administration of public justice, and prevents the encroachments of the more powerful and wealthy citizens. Every new tribunal, erected for the decifion of facts, without the intervention of a jury, (whether compofed of juftices of the peace, commiffioners of the revenue, judges of a court of confcience, or any other standing magiftrates) is a ftep towards establishing ariftocracy, the moft oppreffive of abfolute governments. The feodal fyftem which, for the fake of military fubordination, purfued an aristocratical plan in all its arrangements of property, had been intolerable in times of peace, had it not been wifely counterpoised by that privilege, fo univerfally diffufed through every part of it, the trial by the feodal peers. And in every country on the continent, as the trial by the peers has been gradually difufed, fo the nobles have increased in → Whitelock of parl. 427 + Mod. Un. Hift. xxxiii. 22. ↑ Ibid. 17. We are forry that our limits at prefent prevent our giving fome other extracts from this work, every one of which would be highly pleafing, as well as ufeful, to fuch of our readers as have not yet had an opportunity of seeing the original. CON CONTENT S. CONTE **** HISTORY OF EUROPE. CHAP I. Rupture between the two great empires of the East and North. Invafion of the island of Corfica by the French, in confequence of a treaty concluded with the Republic of Genoa, by which that island is ceded to the French King. Different opinions of the importance of Corfica, and some obfervations on the conduct of the neighbouring powers. Seizure of the Pope's ter ritories in France and Italy. The strict union fubfifting between the Princes of the Bourbon line becomes more formidable from the conjunction of the House of Auftria and Court of Portugal. Deplorable state of Poland. Some obfervations on the state and conduct of the great bellige rent powers in the North. Germany. CHAP. II. Proceedings of the Grand Commiffion in Poland; among many other regulations, refolves to fupprefs the jurifdiction of the Nunciature. The Pope's Nuncio delivers briefs to the King, Primate, and Bishops, and a manifefto to the Great Chancellor, in which he threatens with excommunication thofe who fubfcribe to the acts of the Commiffioners. The late Marshal of the Confederacy in Lithuania enters a protest against all the acts of the Grand Commiffion, and against every thing that shall be transacted under the influence of foreign arms. All the treaties between the Republic, the Empress of Ruffia, and the King of Pruffia, are confirmed and renewed. Great immunities are granted to the Ruffian merchants. The Diet meets, and ratifies all the acts of the High Commiffion. The two great Confederacies are declared to be at an end; patriotic behaviour of the Grand Marshals. The Diet breaks up, and every thing is immediately after in confufion. Inconfiftency of the accounts we receive, of the state and conduct of the different parties in that country. CHA P. III. ୮୫ A Confederacy formed in Podolia. The Confederates take the city and castle of Bar, and oblige the commander of the crown troops in that province to take refuge in the fortress of Kamineck. Several other Confederacies VOL. XI. T formed formed, particularly at Halics, and in the city of Lublin; in the laft of which places a fkirmish enfued with the Ruffians, by which great mifchief was done, and part of the city burnt. The Ruffian general Podhoriczani defeats a confiderable body of the Confederates of Bar near Conftantinow. The Confederates of Halics, under the Starofte Potocki, take the town of Brezani; but are foon after defeated by Colonel Weiffman, and purfued into Moldavia. City of Cracow taken by the Confederates of Cra covia, who are befieged by the Ruffians. Engagements near Bar; the city and caffle taken. Infurrection and barbarities of the Greek peasants in the Ukraine. [12 CHAP IV. Siege of Cracow, The Confederates defire a capitulation, which is refused by the Ruffian Generals. The city at length taken by storm. Deplorable ftate of the country. Infurrection of the Greek peasants at Mozyr in Lithuania. A new irruption of the Haydamacks into the Ukraine; and a fecond infurrection of the peasants in that country. Town of Zwaniec plundered and burnt by the Turks. Several confederacies formed in Lithuania. Strange conduct of the confederates in that dutchy; thofe of Ocfzmania inveft Prince Radzivil, and are themselves furrounded and taken by the Ruffians. Motions of the Turks aud Tartars. Manifeftos difperfed by the confederates. The Ruffians form lines upon the frontiers. CHA P. V. [20 Ruffia. Declaration on the war with Turky. Preparations for it. Adventurer Stephano. Great bravery of the Montenerins: are at length defeated by the Turks. Conduct of the Porte with respect to Poland. Affair at Balta. New Vizir appointed. Ruffian Refident fummoned to the Divan; feveral articles propofed to him; is fent to the Cafile of the Seven Towers. Turkish manifesto. Vast preparations for the war. M. Obrefcow, the Ruffian Minifter, is removed from the Castle of the Seven Towers to the Keeper's houfe, through the intervention of the English Ambassador. CHA P. VI. [26 The Empire. Conduct of the court of Vienna. Of the Electoral boufe of Saxony. King of Pruffia. Liberal donation to his fubjects in Silefia. Extraordinary difturbances at Neufchattel; murder of the Sieur Gaudot. Flourishing ftate of Denmark. Attention paid by the King to the arts, and encouragement given to the profeffors of them. An order given for a general furvey of that kingdom. State of Sweden. Extraordinary exertion of vigour and spirit in the King. Abdicates the Crown. proclamation iffued, for an anticipated convocation of the ftates. The King refumes the Government. A [34 France. The King takes poffeffion of the Pope's territories in Avignon and the Venaiffin. Treaty with the Republic of Genoa, and a Declaration in regard to Corfica. Extraordinary powers granted by the King to the Grand Council; Council; debates in the Parliament of Paris, and remonftrances upon that fubject. Great clamours and complaints in confequence of the fcarcity of provifions. Remarkable Remonftrance made by the Chamber of Vacations of the Parliament of Normandy. Regulations made by the King of Spain, to circumfcribe the power of the Clergy in general, and of the Inquifition in particular; to reform the Clergy and Universities; and to enlarge the liberty of the Prefs. A company of French Merchants obtain a grant to work the Gold-mines in the province of Andalusia. An Edict against the importation of painted or printed linens or cottons, with a view to establish Italy. Pragmatic Sanction published by the Duke of Parma.. Pope's Brief iffued against the Duke. Expulfion of the Jefuits from Parma; and a declaration published in answer to the Brief. Debates in Rome about the Jefuits. Be- nevento and Corvo taken by the King of Naples. Jefuits expelled from the Ifland of Malta. Unfuccessful applications made to the Pope by the allied Powers, for the revocation of the Brief against the Duke of Parma. King of Naples lays claim to Caftro and Ronciglione. Duke of Modena lays claim to the Dutchy of Ferrara. Militia raifed in the Ecclefiaftical State. Regula- tions made by the Republic of Venice. The banished Jefuits expelled from Corfica. Letter wrote by the Pontiff to the Empress Queen. Coercive mea- fures pursued by the court of Naples, in regard to the Clergy. Corfica. Conduct of the French previous to the invafion. Engagements be- tween Baftia and Fiorenzo. The communication opened between these places. Furiani and feveral other places taken. French invade Cafinca; are obliged to repafs the Golo with lofs. M. De Grand Maison facks Õletta; is attacked by the Corficans at Murato; obliged to defert his camp at night, and retire to Oletta. French befieged in Borgo; M. De Chauvelin marches to their relief, is defeated by the Corficans. Garrison of Borgo furrender prifoners of war. Ineffectual attempts of the French upon Pietra and Ifola Rossa. [*58 War in India. Hyder Aly and the Nizam defeated by Colonel Smith. Peace 2 |