Amelia -- Volume 1

cellency of the English constitution and cur

which) within the liberty of Westminster brought several persons whom they had apprehended the

ese offenders, we shall, after our usual manner, premis

And, indeed, if there should be any such defect in a constitution which my Lord Coke long ago told us "the wisdom of all the wise men in the world, if they had all met together at one time, could not have equalled," which some of our wisest men who were met together long before said was too good

ne that it is excellently made, though incapable of performing its functions. Good laws should execute themselves in a well-regulated state; at least, if the same legislature which provides the laws doth not provide for the execution of them, they

d would easily remedy it. The fault, indeed, could be

of the several economical offices in the following manner; viz. should put his butler in the coach-box, his steward behind his coach, his coachman in the butlery, and his footma

ard our streets by night from thieves and robbers, an office which at least requires strength of body, are chosen out of those poor old decrepit people who are, from their want of bodily strength, rendered incapable of getting a liveliho

n virib

conve

uch enemies, no one I think can wonder, unless

think that this office of a justice of peace requires some knowledge of the law: for this simple reason; because, in every case which comes before him, he is to judge and act according to law. Again, as these laws are contained in a great variety of books, the statutes which relate to the office of a justice of peac

ften had five hundred to one on his side before that magistrate; who, if he was ignorant of the law of England, was yet well versed in the laws of nature. He perfectly well understood that fundamental principle so strongly laid down in the institutes of the learned Rochefoucault,

le, on the day above mentioned, brought several delinquents, who, as

his own head sufficiently shewed whence all the scarlet stream had issued: whereas the accuser had not the least mark or appearance of any wound. The justice asked the defendant, What he meant by breaking the king's peace?--To which he answered--"Upon my shoul I do love the king very well, and I have not been after breaking anything of his that I

e (as was really the truth) that she was a servant, and was sent by her mistress, who was a little shopkeeper and upon the point of delivery, to fetch a midwife; which she offered to prove by several of the neighbours, if she was allowed to send for them. The justice

rjury; nay, he had known a man in gaol for it too; and how came he there if he was not committed thither?" "Why, that is true, sir," answered the clerk; "and yet I have been told by a very great lawyer that a man cannot be committed for perjury before he is indicted; and the reason is, I believe, because it is not against the peace before the indictment makes it so." "Why, that may be," cries the justice, "and indeed perjury is but scandalous words, and I know a man cannot have no warrant for those, unless you put for rioting [Footnote: Opus est interprete. By the laws of England abusive words are not punishable by the magistrate

several times. "Oho! you will swear the peace, madam, will you?" cries the justice: "Give her the peace, presently; and pray, Mr. Constable, secure the prisoner,

her questions. At length, however, at the earnest request of the accused, the worthy magistrate submitted to hear his defence. The young man then alledged, as was in reality the case, "That as he was walking home to his lodging he saw two men in the street cruelly beating a third, upon which he had stopt and endeavoured to assist the person who was so unequally attacked; that the watch came up during the affray, and took them all f

moderately gifted with another quality very necessary to all who are to administer justice, he would have employed some labour in cross- examining the watchmen; at least he would have given the defendant the time he desired to send for the other persons who were presen

y short time. A cause of battery and broken lanthorn was instituted against him, and proved in the same manner; nor would the justice hear one word in de

guard of watchmen, and the justice and the constable adjour