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May we not here justly exclaim, with our Author, Here, here, ye sacred Orators ! fix your eye! Be these, be these your patterns ?' Of this at least we are certain, that the declamations of a Sheridan, a Rice, or any other modern professor, are not to be named in the day with this of Dr. Garner ; who, while they glitter thro' a cloud, like twinkling stars or gilt twopences, will Thine like a crown-piece or a full moon, in the wide ex panse, the clear firmament of Oratory !
A Digest of the Laws of England. By the Right Honourable Sir
John Comyns, Knt. Lord Chief Baron of his Majesty's Court of Exchequer. Folio. Il. 105. Knapton, &c.
N our former accounts of this Digest *, we recommended
it as a valuable accession to the fund of juridical knowlege; and we have only to add, that it is continued with the fame care and accuracy.
The volume before us begins with Title, Devise, and ends with Title, JUSTICE-SEAT.
Under Title, DIGNITY, are some articles of information, which may not be un-entertaining to the Reader. The Author en. quires how one may be entitled or created; which may be, I. By Prescription. 2. By Tenure. 3. By Writ. 4. By Patent. Si By Parliament. 6. By Marriage.
So a dignity may be obtained by marriage: as, if a duken, marquis, earl, &c. marries; the wife shall be noble for her life Co. L. 16. b.
And if a woman marries a duke, who dies, and afterwards the marries a baron, yet she continues a dutchefs. Co. L. 16. b.
2 Inst. 50.
If a duke, earl, &c. who has the dignity in fee, has not a fon, but several daughters"; the king may confer the dignity on him who marries any of the daughters, as he pleases. 12 Co. III. Vide Parcenors, (A. 2.)
But if a woman, noble by a marriage, afterwards takes a husband under the degree of nobility; she shall lose her nobility. Co. L. 16. b. 2 Inft. 5. Dy. 79. b. Ow. 81.
Otherwise, if a woman, noble by descent, takes a husband not noble. Co. L. 16. b. 2 Inft. 5o. Per Brock, Ow. 82.
Or, if a queen dowager takes a husband, noble or not noble : for the by her subsequent marriage Thall not lose her dignity. 2 Inst. 50.
# See Vol. 28. p. 169. and Vol. 31. p. 190.
Yet if a woman, noble by descent, marries to an inferior degree of nobility; as, if the daughter of a duke marries a baron, He shall have precedence only as a baroness. Ow. 82. .
His account likewise of the Privileges of the Peers, and of the Manner of their Trial, is very curious and satisfactory.
The PRIVILEGES of Peers.
To be tried by Peers. All the barons of parliament shall be tried for treason, felony, milprision, or as accessory, at the suit of the king, by their peers. By Magn. Chart. 9 H. 3. 29. Non super eum ibimus, &c. nisi per legale judicium parium suorum. 2 Inft. 49. 9 Co. 30. b. Stat 152, 153
So, all of the nobility, who are peers of parliament.
So by the common law, which is now affirmed by the Sta. 20 H. 6. 9. all dutchefses, countesses, and baronefles, who are noble by descent, creation, or marriage. 2 Inft. 50.
And marchionesses and viscountelles, &c. though not named by the Sta. 20 H. 6. 9. 2 Inft. 50.
So the queen confort, or dowager. 2 Inft. 50. And a peer cannot waive his trial by his peers. Kel. 56. in Marg. Mo. 621. 1 Tr. 265. 2 Rush. 94. Vide Post. (F. 2.)
But the nobles of another kingdom, or who are not barons of our parliament, thall not be tried by the peers of parliament, but by the common law, confirmed by parliament, 4 Ed. 3. 2 Inft. 5o. 7 Co. 15. 16. Calvin. 3
. Nor a woman, noble by marriage, who has lost her dignity by subsequent marriage under the degree of nobility. 2 Init. 50. Vide ante, (C 6.)
Nor an archbishop, or bishop ; for they are not peers inheritable. Seld. J. P. If he be not accused in parliament. 4 Seld. 3 Vol. 2 p. 1541. 3 Inft. 30. for they make proxies after plea, and withdraw themselves. 3 Inft. 31.
So a baron of parliament Thall not be tried by his peers in an appeal, which is the suit of the party. 2 Inft. 49. 9 Co. 30. b. Stat. P. C. 150. a. 10 Ed. 4.6. b. 3 Inft. 30.
Nor in præmunire, or other Case, except treason, felony, or misprision. 1 Bul. 198. 3 Inft. 30.
So he may be indicted for treason, felony, or misprision by a jury. 2 Inft. 49.
And upon such indi&tment in B. R. he may plead his pardon there.
2 Inft. 49. R. 1. Rol. 297. And if he does not appear, process issues there, and he ma; outlawed upon it, per judicium coronatorum.
2 Inst. 49. So the indictment shall be before B, R, or commissioners Rev. July, 1765.
3 Inft. 30:
pader of the county where the offence was comcit. 1. 23.
here coniis the ind. 2 nent, or plead not guilty in B. R. 240.
Aniere nie', the sng tha'l make an high steward, who Por 222, or tran.mit the indictment by certiorari to
: R Hur. 131. Bis common to the high teward, the indictment is reCaverien hin to receive the indictment, and to pr.::..*; and a command to the peers to ärend, in to the trans of the Tower to bring his prisoIr aria::tes a date with the commithion, or later,
ether witzini oofore him indiati. 3 Inft. 28. Vide Astes per the king constitutes an high steward i !! 1H. 4. 1. a. De quo vide Oficer, (E. 5.)
Trendor werint requires which ferjeant at arme nessumonths peers named in the warrant, to be at
Chiuch a car, to t:y, &c. Mo. 621. Stat. 152. Swin, he requires the 'ieutenant of the Tower to
Timer llocI. H. 4. 1. 2. 3 Inst. 28.
ster, the ages are required to be present, who Anino cure Chancery to the lieutenant of the Tina Dinare, as the high steward shall appoint. pens, in common to find the indictment, may
be heti! R.Sil. SS. i patys breed beanto the ferjeant to summon tot
en *i numes none particularly.
Tires are mame cecording to the summons re-
R. IT. 366.
Co. !n. 25. 29. Sta. 152. Hnuteľoer is bought to the bar. Mo. 621. anthocent is real. No. 621. 3 Inft. 29. die Fetis arraigned. 3 Int. 29. Str. 152.
Afierwards the prisoner, ought to plead, otherwise he stands
If he pleads not guilty, iffue is joined upon it. 3 Inst. 29.
And there needs no counsel for this ; but if he pleads matter
After the indiament read, the peer ought to plead; otherwise
1 Tr. 366.
And he cannot waive the trial by his peers, or challenge any, of them. Mo. 621. Keil. 56. 3 Inst, 30. Vide Parliament, (L. 17.) Vide ante, (F. 1.) Vide fupra.
And he need not have time allowed for pleading, though the
If he does not plead, but confesses the indictment, judgment
After plea, the king's ferjeants and attorney immediately give
Then the Conftable with his prisoner retires, while the peers confult of their verdiet. Stat. 152.b. 3 Inft. 29.
The judges may be asked their opinions in any point: for they are present for the aslistance of the court. Keil.
And therefore, if the high steward asks a question, they ought to answer, though it be in the absence of the prisoner. Keil. 54.
So they may deliver their opinion upon a question proposed in point of Law, in the absence of the prisoner. Dub. Keil. 54.
But they ought not to deliver their opinion, before the trial of a criminal case criable before them. 3 Inft. 29.
If the peers, after evidence, being in consult, desire to speak with any of the judges; with afient of the high steward he may go to them. Keil. 54.
But the judges ought not to deliver any opinion in point of
And therefore, if the peers consulting of their verdiet, defire
passages, they pretend, have too great a fimilitude ng the suspicion of imitation. Dr. Garner supposes an a father, expresling his pungent exultation of heart, a reformed son in the subsequent terms :
O my son ! my fon! What a sea of intenfe overflows this breast.-Oh! transporting ! transporti cease not, cease not, my beloved ! to travel the streets of virtue, that rapture may warm a fond fath beginning to bend under the rising mountain of yea the setting of life's sun, the consideration of leaving a virtuous child, may shoot a refulgent, golden, ra through my soul, taking wing into a fhoreless futur
This speech is supposed to be only an improve following of King Soar-ethereal to his mistress :
"Oh! my Cadamore! that I might die always thee; for when the fetters of llumber have linked th the ground together, when the chains of sleep hav body to the earth; when these eyes, these ears are have other eyes that see, other ears that hear, ar joices when myself is dead.'
Now, not to insist on the wide difference there "a man's breast bending under a rising mountain,' a being bound to the earth,' we do inlift, in oppof critics, that the above paffages are totally diffimila persist in carrying on the parallel farther. There above-instanced wishes, that in the dread, the j munerating, day, he and his son, may meet, with with faces, clad in smiles--that, ó rapturous re may spend, together, an eternity, in laughing, he plucking golden, ever-ripening, fruit off fouri bliss, extatic!
The joyous meeting here projected, it is said taken from the following speech of Hurlothrombo
* Let us go, my Lord, we'll this moment mour back of the fun in the mean while, you get a the moon, there you'll be mounted aloft and ride and whip, whip and spur, and you'll be sure to the eclipfes; there you'll be clapped together, f upon another; and all the world will shout and he has her! Huzza.'
The malevolence of these critics, leads ti Yengths, even so far as to cavil at almost all ou and figures. But, we should be glad to know, without tropes and figures ? and as to the propr best writers might be quoted to prove it problen ever tenet is espoused, says our Author, that torrent of licentiousness, be the Tharp axe of