Imatges de pÓgina

leads to the exclusion of hearsay, and cumspection, a firmness in forming of all those circumstances in proof opinions, a readiness in re-considerwhere the first may be false and yet ing them, no pertinacious adherence the witness be correctly honest, as to first thoughts, and yet a decision well as to all the exclusions of testi- calculated to enforce well-considered mony arising out of the various mo- views, and above all, in this seat, difications of interest or concern in where justice is to be distributed the cause, or in the question or con- within a period to be measured by nexion with the parties.

the strengih of man, dispatch must Thirdly. As to the Bar, this insti- combine with deliberation, readiness tution will have its just and beneficial of thought with correctness of opinion. influence.

Our duties as Judges are to be perWhen I refer to that most respec- formed before a judicious public, table body, the Bar of Scotland, I deeply interested in the justice which may safely and justly enlarge upon is to be dispensed, and before a critheir great learning, their integrity, tical and enlightened bar, ready to their cloquence, and other high at- disseminate with freedom, as they tainments; and above all, I can rely ought, their opinions of our errors, on the most rigid honour and pure but equally ready to do justice to our correctness of their practice in their motives, and to bestow the just reprofession. Yet, great as the learn. ward of praise when we are right and ing and eloquence is which they correct. bring into the hitherto ordinary prac

The error to which a court, comtice of their profession, the public posed of a single judge, is liable, is and immediate efforts which they perhaps an over-weening self-willedwill have to make in this tribunal, ness: this is corrected by the discannot fail to afford a new scene for charge of the function publicly with their eloquence.

the aid of a jury. The necessity of In guidiug the course of justice, the attending to every point for their in. Judges will derive assistance from formation-a necessary compliance counsel, while the system of jury trial with those modes of conduct which will give new occasions to the Bar of such interchange of thought as this Scotland for acute and masterly dis. tribunal requires, and the necessity cussion, by watching and seizing cir- of the judge weighing well what he cumstances and emergencies as they is publicly to impart to others, under arise, as well as by previously pre- the controuling effect of their having paring themselves upon the important to decide on the spot on the correctfeatures of the case; and thus these ness of his views, secures against such new opportunities for the display of self-willedness. conduct and address, by training The error into which the Judges them to a mode of exertion to which of a Court composed of several is apt they have not been accustomed, will to fall is carelessness. Trusting to the give new scope and enlargement to efforts of his fellow Judges, the public their professional talents, and render effort and the duty to impart all that them still more useful ministers passes, and all his views of it to others of justice in all the branches of their on the spot, and at the moment, proves practice.

a sure antidote to this propensity in Fourthly. But, above all, this pub- the judges of a tribunal of several. licity is important, in relation to the Thus it may be said that the well-Judges who preside—in regulating doing of the permanent tribunal is and preserving correct what I have secured, and the administration of called the permanent part of the tri- justice in matters of fact (that exteubunal. This happy composition in sive and ever-varying source of litigajudicature, when the functions are tion) is better regulated by this conpublicly and openly discharged, in- trivance of trial by jury, than by any vigorates all the good qualities of the that the wit of man has ever yet dejudicial character of the permanent vised. Judge, and corrects all the defects Such are the leading features of this to which the judicial character is institution, which we are now to try prone.

in this country, as an experiment, and On the Bench we must call to aid, as I have said in the outset, always temper, forbearance, attention, cir. anxiously attending to this, that it is


New Jury Court of Scotland. not to interfere with any fixed rule, of more retired men, will never fail or with any part of the system of the to guide you : while the court has it municipal law of Scotland, and that in its power, according to the nature we are only to try such issues as the of the case, to relieve all difficulties, Divisious of the Court of Session shall by directing a special verdict, or even think it right in their discretion to a verdict specially, finding the evisend here: these, it may be material dence as given, and returning it to to observe, will be of three sorts :- the Directing Tribunal; so that that

1st. Cases where the issue may com- . court from which the issue comes will prise both the injury and recompence always attaio, what it wants, the best or damages.

possible information of the fact on 2nd, Cases in which the Court of which to ground its judgment. Session, or Lord Ordinary, having The case for trial will soon afford decided as to the injury, refer the da- a practical instance of what I here mages to be assessed by a jury. state ; and I trust by its event it will

Srd. Cases where the Court of Ses- shew, though, from the great uumsion, or Lord Ordinary, wishes for ber of witnesses, it must be long, that information by the verdict of a jury in less than twelve hours we shall acto inform its understanding, so as to complish, to satisfaction, that which enable it to pronounce a judgment would not have been attained, in the upon the law.

ordinary course, in twelve mouths The case about to be tried is of the that we shall, by our labour of twelve description last mentioned.

bours, put an end to all litigation ; But in that, and in all cases, it while the other course would, at the will be easy to clear away difficulties. end of twelve months, only give a

In the first place, allow me to ob- commencement to litigation, with a serve, more particularly addressing power to a litigious spirit to continue myself to you, gentlemen, who are it for years to come. assembled to serve on this jury, that If this experiment is successful, and our inquiries here are not into Lidden I augur sanguinely. of it, although, as and occult acts of crime, where the in all experiments, failure may be exdiscovery of truth may often be in- pected at first, there will be attained volved in intricacy and difficulty, and for this country the great objects of in doubtful testimony, by the very justice, viz. certainty, satisfaction, nature of the acts. But we shall have dispatch, and cheapness; and with to do here with the open acts and this I might conclude, but I cannot transactions of men in the ordinary refrain from observing, before I close affairs of life and intercourses of the my address to you, that I augur sucworld, lo such transactions, when cess to the experiment most peculiarexamined into in open Court, seeing ly, and with most certain hope, when and judging of the witnesses, as I bave I consider that the casual tribunal, as described their examinations to be I have denominated the Jury, is to conducted, with all the fences against be derived from the body of the peo. the admitting falschood, and all the ple of Scotland, distinguished for good securities for obtaining truth, which education, for a most correct moralia well-regulated law of evidence af- ty, for a love of justice, for extended fords; with a tribunal judging from information, and for a pure religious their own just and honest impressions, persuasiou. uncontaminated by intercourse or ex. I trust and hope with unfeigned traneous impressions, and only influ- anxiety, that I may be able in my enced by the detailed, explained, avd person to bring to the aid of this fully delivered opinion of the presid- most important experiment, the quaing Judge, he being alike removed lities requisite to its success. But from undue impressions; there is no. when I reflect that though I have, tbing likely to happen but an easy during all my professional life, been solution by a general verdict. But accustomed to courts thus administerwhen there does occur prevarication, ing justice, that I have never yet disor contradictory testimony, that world- pensed it--that, from being a critic ly sense and intercourse with mankind on the acts of others in that awful which those composing Juries possess, station, I am now myself to be the and which affords, perhaps, a better subject of observation and remark, I power of extricatiou than the learning cannot but be full of anxiety and ap

prehension, in having the interests Buts as the same' motives cannot acand property of my fellow-subjects tuate minds of a different compass, or submitted to my uptried' jadicial fai expansion, it is scarcely justifiable in cultiesží sirkesi

soch persons to attribute to others · In this situation, new to me, and those principles of action, which, in new in the-judicial jurisprudence of similar circumstances, they would not Scotland, -I derive comfort when I have hesitated to adopt. The selfishi Jook to my learned' brethren un each hypocrite is rarely able to compre. side of me, who add to learning and bend the grasp of truly generous and * knowledge of mankind, high facul enlightened minds. The man of ho ties and practice sanctioned by the pour should not be reduced to the opinion of an approving public in the same level with the sycophant. And dispensation of justice.

such as conscientiously resign prefer. · When I look before me to the bar, ments or prospects in an opulent esI derive comfort from the certainty tablishment, rather than forfeit their that I am to be enlightened in the seat integrity, cannot be fairly estimated of justice by their learning and their by the aspiring pluralist, who defers eloquence, and that t-am sure to re- implicitly to his superiors, both in .ceive-comfort from their urbañity, and Church and State. from the mildness of their judgments - I am Jed to these reflections, by on my first exertions."

the virulent and illiberal censures, When I look to the Jury now as which have been of late so often cast sembled, and the succession of such on the judicious and truly scriptural a class of men to discharge this duty, revisions of Watts's Hymns and Mothere agam I derive conifort, and feel ral Songs for Children, and Melmoth's convinced that their anxiety to do Great Importance of a Religious Life; justice, and their steady attention to as if such revisions had been actually every case, will secure against any “palmed upon the public," as the bad éffects -from my want of experi- genuine works of the original writers, ence or incapacity

without any notice of the alterations If I should prove at all a service. whatsoever. Yet nothing can be fairable instruntent in giving success to er than the conduct of the editors, in this important mieasure of justice, their respective prefaces, by which all while 1- Jive I shall enjoy the comfort- idea of deception or concealment is reing reflection that my early education moved. The revision of Dr. Watts's in Scotland, and my habits, have Hymns avowedly proceeded from a preserved unabated through life my lady, who " considering them defecdevoted attachments to its interests tive, or rather erroneous, in some parand its people, and made the high ticular doctrines and phrases, judged station to which I have been gracious- it expedient to make many alterations ly advanced an object of my most ar. in both respects, in adapting them dent desite. I will conclude, there to the instruction of her own chilfore, with the anxious hope, that it dren ; and afterwards for the better may be inscribed with truth upon my accommodation of others in the same tomb, that the experiment bas proved sentiment, and for the further early successful, and that I have not been advancement of religious truth comuseless in the accomphishment of this mitted her useful labours to the press." mighty benefit to my native land. Nor was the Editor of the Great Im.

portance less “studious to avoid inSIR,

Feb. 21, 1816. volving the original author in any renot hastily impeach the integri- trines originally adopted by him, or ty of another's motives, more espe- clandestinely ingrafting his own altecially in matters of opinion, I cannot rations on the labours of another ; help suspecting that those strenuous earnestly hoping that no just cause of supporters of the Church of England, offence could be taken, by the most who have recently assailed Unitarians tenacious theologian, for the simple with so many charges of disingenuous- ' omission of occasional language or ness and misiepresentation, are con- sentiments, thought to be derogatory scious' of that very obliquity in their from the genuine sense of the gospel own conduct, which they so earnestly of Christ, and distant from its true labour to affix on their opponents. and even tenor.” In conformity, there.



Outery against the Revision of Popular Works.

151 fore, to these statements, and in com- wlat moral precept, what truly.scrip. pliance with a more correct interpre. , tural doetrive, has been; 'irt either tation of the Bible, all ascriptions of case, withdrawn? That “they are praise and thanksgiving are confined cleared of all doctrines peculiarly to the one only living and true God; Christian," is an assertion as false as and all expressions omitted which it is foul; unless the Vicariş prepared gave counteyance to the common to shew that Christianity comprises though erroneous notions of the sa- no peculiar doctrines, when the Deity crifice of Christ as a satisfaction to and atonement of its founder the divine jnstice ; " " the eternity of hell. eternity, of hell-torments, and the.defire as a place of future torment," and vil, are withdrawn. In rejecting all « the all-pervading influence of the such anwarranted interpretations of

detached or highly figurative passages, Such, Sir, were the candid and and in recurring to the uniform and honourable proceedings which have consistent testimony of scripture to been so vehemently arraigned. Such the divine wisdom and benevolence, are the alterations which, alarming the editors have essentially contributhe prejudices of a narrow and petu- ted to“ the advancement of religious lant 'high-churchimap, conscious of his truth.". And their little works may own disingenuousness, as accessory be safely put into the hands of chil. to a secret and altogether unwarrant. dren or reflecting persons without ed suppression, in the garb of a Bris the fear of exciting those erroneous tish Critic, or under the disguise of views of the dispensations of provi. a Plain-Dealer, has been so idly and dence, which are calculated only to slanderously assailed, Byt it is in vain terrify or disgust, How can they be that facts have been distorted, and deemed "mutilated and imperfect," conjecture substituted for proof. In where every deficiency is so well supvain has Mr. Nares or Mr. Norris, plied; where the genuine simplicity impeached the integrity of the Rević of the gospel is restored by the resers", motives, where all idea of decep, moval of 'excrescences which tend tion or concealment has been so clear- only, to vitiate and deform? So far ly and unequivocally disavowed. And, from being." marred," they are melioin the face of this undeniable fact, it rated both in sentiment and language; required no common effrontery, in a so far from being despoiled, they are Parochial Yicar, in his “Remarks on adjusted to thelegitimate standard,scripMr. Belsham's Letters to the Bishop ture ; and instead of being "evisceraof London," (pp. 11-13,) resting. on ted;" ‘are-lawfully cleansed from the their authority for his statements, to ganyrene which assails the vitals of renew the slanderous and unfounded the Christian scheme. charge.

When'the real purpose" is so exThe judicious conduct of the Revi, plicitly avowed, and the design so jusers as advocates for the supreme au- diciously executed, where does the thority of the scripturcs, correctly in- Parochial Vicár. find, any traces of terpreted, in all matters of religion, “ thát, ingenious management, or that was not less worthy of their bevevo- imposing artifice,”: which he so untent design, of rendering these de- charitably ventures to impute? How servedly admired works, as unexcep- is this " method of conveying instructionable jr doctrine and language, as tion and persuasion inconsistent with for inculcating noral virtues and what is generally understood by the Christian piety, they have long been terms, fair and honourable. And universally approved. For low, let with what propriety can this common me ask this new assailant, has the. and most useful practice of revising beautiful composition or Christian books of instruction, be so vehement. piety of Dr. Watts's Hymns," evapo ly censured by the clergy of the rated, or 's the utility of Mr. Mel- Church of England, whose boasted moth's Tract, for calling the attention scheme is nothing more than the reof young minds to the observance of ligion of Rome marred, despoiled Christian morals, or to the knowledge and eviscerated;" whose Liturgy is no of doctrines peculiarly Christian," better than a Mass Book altered snd been affected by their revision? Whilst revised? they pretend not " to inculcate all But, Sir, as the whole merit of the principles of the original writers," these improved works is strictly due


to the cditors; who alone were con

The Holy Alliance. cerned in the publication ; upon what principle are Unitarians, who, as a

(See pp. 113, 114.) body, were never called upon to sanc. A curious circumstance relating to tion them, involved in the imputed the Holy Alliance lately made be. blame? Would it be right to involve tween the Emperors of Russia and the numerous adherents of the Church Austria, and the King of Prussia, has of England, in the censure which come to our knowledge through so may justly be attached to these uu. respectable a channel, that we confounded charges, or to any other in- ceive it deserving of being communistances of misrepresentation or sup

cated to our readers. pression, which individuals have prac- In 1815, a Madame la Gridner was tised in its support ? Indiscriminate at Paris, whither she arrived from censure is at once illiberal and unjust; Riga, her native country, invited it cannot advance the cause of public there, as is generally understood, by reformation, or deter from the most the Emperor Alexander, who had mischievous pursuits. But in the previously known and consulted her. present instance the censure is un- The Prophetess Gridner, who, Jika founded, and the Revisers entitled to all the inspired persons of this class, unqualified approbation for their tru- is not devoid of talent, and particuly benevolent design. With as little Jarly possessed of the sublime and reason has the Improved Version of obscure jargon of mystical rites, trust. the New Testament been involved in ing to fceble minds, reasons about this unwarranted attack, as it is cer- every thing, discusses facts tolerably tainly founded on the basis of Arch- well, supports her opinions by relibishop Newcome's Translation, with- gion, and frequently interrupting her out involving that prelate in any re- conversation to implore, by a fervent spousibility for the numerous varia- prayer, the rays of a divine Spirit, tions from his text.

terminates by an emphatic prophecy On the whole, Sir, these censures developing some confused but bril. could only have proceeded from per- liant idea, together with certain consons determined to find fault; from sequences which she foretells, as an men, resembling a certain high- infallible and almost divine solution church dignitary, who haviug vented of the conversation that had been agihis wrath against the new edition of tated. the Great Importance, on the mere

La Gridoer arrived and established perusal of the preface, arraigned the herself in a large hotel in Paris, preconduct of the editor, as if his purpose pared for her, which was furnished had been studiously concealed. Want after her own fashion ; that is, when of candour and ingenuousness has one had traversed a suit of five or six prevailed through the whole of these apartments, where nothing but the pitiful attacks: unqualified assertions, bare walls were to be seen, and even remote from truth and probability, no lights in the evening, one arrived have supplied the place of evidence, at a large inner room, the whole fur. whilst the most pure and disinterest. niture of which consisted of a few ed motives have been “ scandalously rush-bottomed chairs and a pallett, and industriously maligned.". Can on which she was always reclined. such unwarranted proceedings have It was on this throne or tripod, from emanated from correct and honoura- which she never descended, that she ble minds ? Are they calculated to ushered forth her mystical reveries support the credit of the Church of and pronounced her oracles. England, or consistent with the dif. The Emperor Alexander was known fusive benevolence of the gospel, which to go almost every evening to the inculcates charity and good-will to rendezvous of that Sybil, and here it all? Do they not rather savour of was that the three Sovereigns, authose narrow prejudices, which to thors of the Sainte Alliance, discussed the destruction of every liberal prin- their projects, &c. as well as their ciple and feeling, have too often interests and line of political conduct ; marked the conduct of established and it is well understood that, under churches, in their hostility to the the dictates of the said Sybil

, the claims of private judgment, and the treaty in question was drawn up and free investigation of religious truth? signed, without the intervention of

DETECTOR. any one of their respective ministers.

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