May we not here juftly exclaim, with our Author, Here, here, ye facred Orators! fix your eye! Be thefe, be thefe your patterns?' Of this at least we are certain, that the declamations of a Sheridan, a Rice, or any other modern profeffor, are not to be named in the day with this of Dr. Garner; who, while they glitter thro' a cloud, like twinkling ftars or gilt twopences, will thine like a crown-piece or a full moon, in the wide expanse, the clear firmament of Oratory! A Digeft of the Laws of England. By the Right Honourable Sir John Comyns, Knt. Lord Chief Baron of his Majesty's Court of Exchequer. Folio. 11. 10s. Knapton, &c. INt N our former accounts of this Digeft*, we recommended it as a valuable acceffion 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 fome articles of information, which may not be un-entertaining to the Reader. The Author enquires how one may be entitled or created; which may be, 1. By Prescription. 2. By Tenure. 3. By Writ. 4. By Patent. 5. By Parliament. 6. By Marriage. So a dignity may be obtained by marriage: as, if a duke,, marquis, earl, &c. marries; the wife fhall 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 fhe continues a dutchefs. Co. L. 16. b. 2 Inft. 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; fhe fhall lofe her nobility. Co. L. 16. b. 2 Inft. 5. Dy. 79. b. Ow. 81. Otherwise, if a woman, noble by defcent, takes a husband not noble. Co. L. 16. b. 2 Inft. 50. Per Brock, Ow. 82. Or, if a queen dowager takes a husband, noble or not noble : for the by her fubfequent marriage fhall not lofe her dignity. 2 Inft. 50. See Vol. 28. p. 169. and Vol. 31. p. 190. Yet Yet if a woman, noble by descent, marries to an inferior degree of nobility; as, if the daughter of a duke marries a baron, The fhall have precedence only as a baronefs. Ow. 82. His account likewife of the Privileges of the Peers, and of the Manner of their Trial, is very curious and fatisfactory. The PRIVILEGES of PEERS. To be tried by Peers. All the barons of parliament fhall be tried for treafon, felony, mifprifion, or as acceffory, at the fuit of the king, by their peers. By Magn. Chart. 9 H. 3. 29. Non fuper eum ibimus, &c. nifi per legale judicium parium fuorum. 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 dutcheffes, counteffes, and baroneffes, who are noble by descent, creation, or marriage. 2 Inft. 50. And marchioneffes and viscounteffes, &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 Rufh. 94. Vide Poft. (F. 2.) But the nobles of another kingdom, or who are not barons of our parliament, shall not be tried by the peers of parliament,' but by the common law, confirmed by parliament, 4 Ed. 3. 2 Inft. 50. 7 Co. 15. 16. Calvin. 3 Inft. 30. Nor a woman, noble by marriage, who has loft her dignity by fubfequent 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 themfelves. 3 Inft. 31. So a baron of parliament fhall not be tried by his peers in an appeal, which is the fuit 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 Cafe, except treafon, felony, or mifprifion. 1 Bul. 198. 1 Bul. 198. 3 Inft. 30. So he may be indicted for treafon, felony, or mifprifion by a jury. 2 Inft. 49. And upon fuch indictment in B. R. he may plead his pafdon there. 2 Inft. 49. R. 1. Rol. 297: And if he does not appear, process iffues there, and he may C pair pointed, by a jury of the county where the offence was committed. 3 Inft. 28. But he cannot confefs the indictment, or plead not guilty in B. R. 2 Init. 49. And before plea, the king fhall make an high fteward, who may arraign him, or tranimit the indictment by certiorari to parliament. R. Hut. 131. By the commiffion to the high fteward, the indictment is recited, and power given him to receive the indictment, and to proceed fecundum legem Anglia; and a command to the peers to attend, and to the lieutenant of the Tower to bring his prifoner, and a certiorari of equal date with the commiffion, or later, to remove the indi&ment before him indilatè. 3 Inft. 28. Vide I. H. 4. I. At the trial of a peer, the king conftitutes an high steward bac vice. 3 Inft. 28. 1 H. 4. 1. a. De quo vide Officer, (E. 5.) The high fteward by warrant requires which ferjeant at arme he pleases to fummon the peers named in the warrant, to be at Westminster on fuch a day, to try, &c. Mo. 621. Stat. 152. 3 Inft. 28. So, by warrant, he requires the lieutenant of the Tower to bring his prifoner. Mo. 621. I H. 4. 1. a. 3 Inst. 28. And, by letter, the judges are required to be prefent, who attend in fcarlet, &c., Keil. 54. And a writ goes out of Chancery to the lieutenant of the Tower, to bring the prifoner, as the high fteward shall appoint. 3 Inft. 28. And peers, in commiffion to find the indictment, may be upon the trial. R. Keil. 58. A precept by the high fteward to the ferjeant to fummon tot & tales proceres, &c. per quos, &c. names none particularly. 3 Inst. 28. But they ought to be 12 or more. 3 Inft. 28, 30. At the day appointed the commiffion is read. Mo. 621. Stat. 152. 3 Inft. 28. Then the peers are named according to the fummons returned. Mo. 621. 3 Inft. 28, 29. The prifoner cannot challenge any peer. R. I Tr. 366. 3.Inft. 27. 2 Rufh. 94. 2 Rufh. 94. Vide infra. The peers, who appear, take their places according to their dignity. Mo. 621. 3 Init. 28, 29. Sta. 152. And afterwards the prifoner is brought to the bar. Mo. 621.. Sta. 152. 3 Inft. 29. And then the indiament is read. Mo. 621. Sta. 152. And then the prifoner is arraigned. 3 Inft. 29. 3 Inft. 29. Sta. 152. Afterwards the prifoner, ought to plead, otherwise he stands mute. R. I Tr. 366. Vide infra. If he pleads not guilty, iflue is joined upon it. 3 Inft. 29. Vide infra, And there needs no counsel for this; but if he pleads matter of law, counfel fhould be affigned him. 3 Inft. 29. 2 Rufh. 94 1 Tr. 366. If the prifoner does not appear, the fame process shall be against him as upon another indictment, till he be outlawed, 3 inft. 31. After the indictment read, the peer ought to plead; otherwife judgment fhall be againft him. Keil. 57. I Tr. 366. If he pleads not guilty, he puts himself upon his peers. Mo, 621. Stat. 152. 3 Inft. 29. Vide fupra. And he cannot waive the trial by his peers, or challenge any, of them. Mo. 621. Keil. 56. 3 Inft. 30. Vide Parliament, (L. 17.) Vide ante, (F. 1.) Vide fupra. And he need not have time allowed for pleading, though the indiament be long. Keil. 56. If he does not plead, but confeffes the indictmest, judgment fhall be immediately against him. I H. 4. I. a. After plea, the king's ferjeants and attorney immediately give evidence against him; and then the prifoner fhall anfwer to it. Stat. 152. 3 Inft. 29. Then the Conftable with his prifoner retires, while the peers confult of their verdict. Stat. 152. b. 3 Inft. 29. The judges may be asked their opinions in any point: for they are prefent for the affiftance of the court. Keil. 54. And therefore, if the high fteward afks a queftion, they ought to answer, though it be in the abfence of the prifoner. Keil. 54. So they may deliver their opinion upon a question proposed in point of Law, in the abfence of the prifoner. Dub. Keil. 54. But they ought not to deliver their opinion, before the trial of a criminal cafe triable before them. 3 Inft. 29. If the peers, after evidence, being in confult, defire to speak with any of the judges; with affent of the high fteward he may go to them. Keil. 54. But the judges ought not to deliver any opinion in point of law, but in open court. Keil. 54. in the prefence of the prifo ner. 3 Inft. 29. And they ought not to fpeak with the king's counfel privately upon it. 3 Inft. 30. And therefore, if the peers confulting of their verdict, defire to speak with a judge, and then afk his opinion in law, he ought to inform them, that he cannot deliver a private opinion, nor without conference with the other judges. R. Keil. 54. If the peers confulting, &c. defire to speak with the high fteward; C 2 fteward; he cannot speak with them but in the prefence of the prifoner. R. Keil. 57. 3 Inft. 29. The peers may eat and drink, after evidence given, beforė verdict. Tr. 366. 2 Rush. 95. But the peers ought not to separate or adjourn after evidence, before their verdict. I Tr. 366. 3 Inft. 30. 2 Rufh. 95. After a major part of the peers in confult are agreed of their verdict, they again take their places, and the high steward afks of the loweft, and fo of each, feriatim, Whether the prifoner be guilty, who anfwers without oath, Guilty, or Not guilty, upon Stat. 152. b. 10 Ed. 4. 6. b. 1 H. 4. 1. a. his honour. 3 Inft. 30. Then the high fteward afks for the prifoner, and declares the verdict to him, and gives judgment accordingly. Stat. 152. b. for the verdict is given in abfence of the prifoner. 3 Inft. 30. If they do not agree, the court may adjourn to the next day : though it is not ufual. Keil. 57. 3 Inft. 31. And in fuch cafe the peers need not continue together, as other juries; but may retire to their houfes. R. Keil. 57. A Complete English Grammar on a new Plan. For the Use of Foreigners, and fuch Natives as would acquire a Scientifical Knowledge of their own Tongue. In Two Parts. Containing, ft, An exact Analyfis and proper Divifion of Sound, fo far as it regards Pronunciation, in all its Variety, according to the true Genius and Idiom of the English Language. 2d, The Eight Parts of Speech diflinetly confidered, with the Declenfiens of Articles, Nouns, Pronouns, &c. and the Gonjugations of Verbs both regular and irregular, at full Length; by which means any one may learn English grammatically, in the fame eafy, familiar and regular Manner, as the French and other modern Languages. The whole inter, perfed with feveral fhort Proxes and Remarks at the End of every Part of Spech. To which are added, fimilar Comparisons of the old English, Scotch and Welch Tongues, with the modern English: As alfo, Examples for those who underfland Latin, Italian, French, Spanish, Portuguese, &c. fhewing the Affinity of the English to thofe Languages, and the natural Gradation of Change, from one to another. By Charles Wifeman, N. P. I 2mo. 3s. 6d. Nicoll. Neglect to particularize their labours, to enhance their merit, or to recommend them by pompous pretenfions to the public, is not the fault of the prefent race of authors. How many complete English Grammars on new plans, have we not al 5 ready |