ing a man innocent, whom he wishes to be brought in guilty. Was not this the cafe, juries would be useless; fo far from being judges themfelves, they would only be the tools of another, whofe province it is not to guide, but to give a fanction to their determination. Tyranny might triumph over the lives and liberties of the fubject, and the judge on the bench be the minifter of the prince's vengeance.

These are the glorious privileges which we enjoy above any other nation upon earth. Juries have always been confidered as giving the most effectual check to tyranny; for in a nation like this, where a king can do nothing against law, they are a fecurity that he shall never make the laws, by a bad adminiftration, the inftruments of cruelty and oppreffion. Was it not for juries, the advice given by father Paul, in his maxims of the republic of Venice, might take effect in its fulleft latitude. "When the offence "is committed by a nobleman against a subject, fays "he, let all ways be tried to juftify him; and if that "is not poffible to be done, let him be chaftifed with "greater noife than damage. If it be a fubject that "has affronted a nobleman, let him be punished with "the utmost severity, that the fubject may not get too great a cuftom of laying their hands on the patrician order." In fhort, was it not for juries,

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"mand it, to give the reafon why you bring it in thus or thus; for you of the grand jury are fworn to the contrary, viz. to keep "fecret your fellows counfel and your own; and you of the petty "jury are no way obliged to declare your motives, for it may not be convenient. In queen Elizabeth's days, a man was arraigned "for murder before juttice Anderfon; the evidence was fo ftrong, that cleven of the twelve were prefently for finding him guilty, "the twelfth man refufed, and kept them fo long that they were ready to ftarve, and at last made them comply with him, and bring in the prifoner not guilty. The judge, who had feve"ral times admonifhed him to join with his fellows, being furprif"ed, fent for him, and difcourled him privately; to whom, upon promife of indemnity, he at laft owned, that he himself was the man that did the murder, and the prifoner was innocent, and that he was refolved not to add perjury, and a fecond murder to "the firit."

a corrupt nobleman might, whenever he pleafed, act the tyrant, while the judge would have that power which is now denied to our kings. But by our happy conftitution, which breathes nothing but liberty and equity, all imaginary indulgence is allowed to the meaneft, as well as the greateft. When a prisoner is brought to take his trial, he is freed from all bonds; and though the judges are fuppofed to be counsel for the prifoner, yet, as he may be incapable of vindicating his own caufe, other counfel are allowed him; he may try the validity and legality of the indict-ment, and may set it alide, if it be contrary to law. Nothing is wanting to clear up the cause of innocence, and to prevent the fufferer from finking under the power of corrupt judges, and the oppreffion of the great. The racks and tortures that are cruelly made ufe of in other parts of Europe, to make a man accufe himfelf, are here unknown, and none punished without conviction, but he who refuses to plead in his own defence.

As the trial of malefactors in England is very different from that of other nations, the following account thereof may be useful to foreigners and others, who have not feen thofe proceedings.

The court being met, and the prisoner called to the bar, the clerk commands him to hold up his hand, then charges him with the crime of which he is accufed, and afks him whether he is guilty or not guilty. If the prifoner anfwers guilty, his trial is at an end; but if he answers not guilty, the court proceeds on the trial, even tho' he may before have confeffed the fact for the law of England takes no notice of fuch confeffion; and unless the witneffes, who are upon oath, prove him guilty of the crime, the jury muft acquit him, for they are directed to bring in their verdict according to the evidence given in court. If the prisoner refuses to plead, that is, if he will not fay in court, whether he is guilty or not guilty, he is by the law of England to be preifed to death.

When

When the witneffes have given in their evidence, and the prifoner has, by himself or his counfel, crofs examined them, the judge recites to the jury the fubftance of the evidence given against the prifoner, and bids them difcharge their confcience; when, if the matter be very clear, they commonly give their verdict without going out of court; and the foreman, for himself and the reft, declares the prisoner guilty, or not guilty, as it may happen to be. . But if any doubt arifes among the jury, and the matter requires debate, they all withdraw into a room with a copy of the indictment, where they are locked up, till they are unanimously agreed on the verdict; and if any one of the jury fhould die during this their confinement, the prifoner will be acquitted.

When the jury have agreed on the verdict, they inform the court thereof by an officer who waits without, and the prifoner is again fet to the bar, to hear his verdict. This is unalterable, except in fome' doubtful cafes, when the verdict is brought in fpecial, and is therefore to be determined by the twelve judges of England.

If the prifoner is found guilty, he is then afked what reafon he can give why fentence of death fhould not be paffed upon him? If it be the first fault, and his offence be within the ftatute made for that purpofe, he may demand the benefit of the clergy, which faves his life, and he will be only burnt in the hand. But where the benefit of the clergy is not admitted, the fentence of death, after a fummary account of the trial, is pronounced on the prifoner, in these words: The law is, That thou shalt return to the place from whence thou cameft, and from thence be carried to the place of execution, where thou shalt bang by the neck, till thy body be dead, and the Lord have mercy on thy foul: whereupon the fheriff is charged with the execution.

All prifoners found not guilty by the jury, are immediately acquitted and difcharged, and in fome cafes obtain a copy of their indictment from the court to proceed at law againft their profecutors.

Of

Of Punishments.

Though the laws of England are esteemed more merciful, with refpect to offenders, than those which at present fubfift in any other part of the known world; yet the punishment of fuch who at their trial refufe to plead guilty or not guilty, is here very cruel. In this cafe the prifoner is laid upon his back, and his arms and legs being ftretched out with cords, and a confiderable weight laid upon his breaft, he is allowed only three morfels of barley bread, which is given him the next day without drink, after which he is allowed nothing but foul water till he expires. This, however, is a punishment which is fcarcely inflicted once in an age; but fome offenders have chofe it to preferve their eftates for their children. Thofe guilty of this crime are not now fuffered to undergo fuch a length of torture, but have fo great a weight placed upon them, that they foon expire. In cafe of high treafon, though the criminal ftands mute, judgment is given against him as if he had been convicted, and his eftate is confifcated.

The law of England includes all capital crimes under high treafon, petty treafon, and felony. The firft conlifts in plotting, confpiring, or rifing up in arms against the fovereign, or in counterfeiting the coin. The traitor is punished by being drawn on a fledge to the place of execution, when, after being hanged upon a gallows for fome minutes, the body is cut down alive, the heart, taken out and expofed to public view, and the entrails burnt: the head is then cut off, and the body quartered, after which the head is ufually fixed on fome confpicuous place. All the criminal's lands and goods are forfeited, his wife lofes her dowry, and his children both their eftates and nobility.

But though coining of money is adjudged high 'treafon, the criminal is only drawn upon a fledge to the place of execution, and there hanged.

Though

Though the fentence paffed upon all traitors is the fame, yet with refpect to perfons of quality, the punifhment is generally altered to beheading: a fcaffold is erected for that purpose, on which the criminal placing his head upon a block, it is ftruck off with an axe*.

The punishment for misprifion of high treason, that is, for neglecting or concealing it, is imprisonment for life, the forfeiture of all the offender's goods, and of the profits arifing from his lands.

Petty treafon is when a child kills his father, a wife her husband, a clergyman his bishop, or a fervant his mafter or miftrefs. This crime is punifhed by being drawn in a fledge to the place of execution, and there hanged upon a gallows till the criminal is dead. Women guilty both of this crime, and of high treafon, are fentenced to be burnt alive, but instead of fuffering the full rigour of the law, they are strangled at the ftake before the fire takes hold of them.

Felony includes murders, robberies, forging notes, bonds, deeds, &c. Thefe are all punished by hanging, only murderers are to be executed foon after the fentence is paffed; and then delivered to the furgeons in order to be publicly diffected. Perfons guilty of robbery, when there are fome alleviating circumftances, are fometimes tranfported for a term of years to his majefty's plantations. And in all fuch felonies where the benefit of the clergy is allowed, as it is in many, the criminal is burnt in the hand with a hot iron.

Other crimes punished by the laws are,

Manslaughter, which is the unlawful killing of a perfon without premeditated malice, but with a prefent intent to kill; as when two who formerly meant no harm to each other, quarrel, and the one kills the

*This is not to be confidered as a different punishment; but as a remiffion of all the parts of the fentence mentioned before, excepting the article of beheading.

other;