The Sun.
London, England, 1828-05-24 00:00:00

STATE OF THE LAW.

(From the Morning Chronicle.)
In our King's Bench Report of yesterday, there
is a case of an action brought by a Bricklayer against
a Lady residing near Hyde. Park, for 2/. 4s. 6d.—
Sir James Scarlett, who stated the plaintiff's case,
observed, "it was unfortunate that there *was not
some inferior tribunal to try actions for these small
sums, for as it was, sometimes plaintiff, and some-
times defendant, found themselves in very unplea-
sant situations. A plaintiff, when he knows his
claim is good, is unwilling to forego it; and a de-
fendant, who imagines he has a good defence, is un-
willing to pay, though each may be aware, that by
bringing the matter into Court, they \rill lose more
than the subject in dispute amounts to."
Aye • unfortunate, indeed ! Sir James modestly
says, the parties will lose more than the subject in
dispute amounts to. He might have said ten times
more without laying himself open to a charge of
exaggeration. Here are Sr James Scarlett and
Mr. Gurney arrayed against each other for a matter
of 2/. 4s. 6d., respecting which there could be no
difficulty whatever, and which the plaintiff must
either have consented to lose, or prepared himself in
case of failure for a swinging bill of costs. What
foreigners would believe, but for such a statement,
that so little care had been taken for the interests of
the people of England—the most thinking people in
the world ?
" Touch but a cobweb in Westminster Hall (said
Lord Chatham, on some occasion), and the great
law spider will crawl out." It is unfortunate for the
people who are left hi this helpless state—but what
term are we to give to the conduct of those who
have constantly opposed themselves to the remedy
for this crying evil ?
It has at all times been a great crime in the eyes
of the upper classes of England to attempt to obtain
justice for the people, Two protectors, the Duke of
Somerset and Cromwell, exerted themselves in vain
in behalf of the people. Cromwell feelingly ex-
claimed, " die Sons of Zeruiah are yet too strong
for us." In the Life of Lord Burghley, by Dr.
Notes, just published, we have some curious parti4
culars of the danger incurred by the Duke of
Somerset, on account of the Court of Request which
he established. "Of those," he says, " who were
taken into custody, on the Duke of Somerset's first
fall (for it must always be recollected that he
fell twice), besides Cecil—who certainly was
imprisoned as well as others—there were Sir
Thomas Smith, Sir Michael Stanhope, Sir John
Thynn, and Edward Wolfe. In regard to the im-
prisonment of Mr, Cecil on this occasion, his do-
mestic writes thus The cause of this has not, I
think, been very clearly explained by any of our
historians, and therefore I conceive I shall do the
public a pleasure In settitig it in a true light. It
was one of the articles in charge against the Duke of
Somerset, that he had set up a Court of Requests in
his own house, which was construed into a crime,
because he therein heard poor men's causes, or sent
him with his letters recommendatory to Chancery,
styled by these sage politicians, altering and pervert-
ing the course of Justice. Now, as Mr. Cecil had
been his Master of Requests, those who made the
deed a crime, could not help falling on the instru-
ment as guilty in some measure, though he acted
under the Duke's direction however, his modera-
tion in office, his great abilities in matters of State,
and the King's personal affection for him, wrought
so powerfully, that in about three months he was
discharged from his imprisonment.' " The Doctor
adds the following, in a note : " How far this was a
crime may be judged from the following account :
And as for his Court of Requests, surely it
deserved no such hard censure; serving as some
check to the rigorous and unjust dealing of the rich
and the mighty exercised upon the poor,
_ who were
not able to contend with them at law, by reason of
their countenance and wealth, whatsoever great
wrongs were done them; which at this Court might
easily and cheaply be shown and complained of, by
way of request and petition. Here many contro-
versies were made up, and restraints laid upon the
destructive designs of the rich against the poor;
and according to the cognizance of the causes brought
before the Duke, he would sometimes send his let-
ters to the Judges that were to hear them, not to
warp their judgments, but to incline them to do
justice impartially, and not to favour the great in
their extortions upon those of meaner rank and de-
gree; sometimes he would appoint intelligent and
honest men as arbitrators, to consider the complaints
referred to him, and with speed to make a just de-
termination and conclusion between party and party,
without the long expensive formality of law.'—See
Strypes' Memorials, vol. 11. 286, where may be
seen a letter from the Protector, appointing such an
arbitration."

James the First, on his accession to the Throne,
was struck with the sufferings of the people from
want of legal prote!tion, and his historian (Wilson)
informs us, that he " expressed himself to the Par-
liament, desiring their assistance, assuring them that
he had no intention to alter the Government, though
he wished the Laws might be rectified. But his
Kingcraft (as he calls it) failed in striking at the
Common Law, and he was convinced in it how
dangerous it was to give too much knowledge to
the people; the two great hammers of the State,
the Churchman and Lawyer, that work the people
to obedience upon the two anvils of conscience and
policy, beat him to the understanding of it,
so that
ever after he joined with them, and that three-fold
cord was not easily dissolved."
Thus we see, that for three centuries, this con-
spiracy against the people has been able to stand its
ground. Lord Althorp struggled in vain for seve-
ral Sessions against it. How far Mr. Peel will suc-
ceed in the very slight improvement he is attempt-
ing, remains to be seen. We would not have the
people to be too confident on this subject. There
are several worthy men in Parliament, and among
the Lawyers ; but we must constantly bear in mind
that the spirit of the Aristocracy is generally bad.
Lucretius tells us, a great pleasure is felt, when we
are safe on shore, in looking on a vessel at sea tossed
about in a storm. We fear the unwillingness to
open Courts of Justice for the people has its origin
in the kindred pleasure derived from knowing that
the people are struggling with evils from which they
are exempted.

The
i Irish possess one great advantage over our-
selves n the Assistant-Barristers' Courts. It is a
melancholy subject of reflection, however, to find
that good institutions are almost always extorted
from the fears of the great, and that the misconduct
of the poor often gains more for them than their
good behaviour. Scotland would, perhaps, have
been a prey to feudal oppression to this day, but for
the rebellions which frightened the Government into
the abolition of heritable jurisdictions and a variety
of feudal grievances. In like manner we learn from
a Parliamentary Report (17th Report on Courts of
Justice in Ireland) just distributed, that the turbu-
lence of the Irish procured for them their Local
Courts. " In the year 1787, the Irish Legislature
made an important change in the establishment of the
Court of Sessions, which has been found to add so
considerably to its efficacy, and to public confidence in
the jurisdiction, that what was in its first application
partial only, has since been established generally, and
with acknowledged advantage. In that year, certain
counties in the South of Ireland were in state of alarm-
ing insubordination and disturbance ; the Jurisdiction
of the Court of Sessions has been feebly and irregu-
larly administered, and consequently those. crimes,
which, as violations of the peace, the
are peculiarly .
object of, its jurisdiction, often pass with impunity.
This had the natural effect of increasing the confi-
dence of offenders, and training them to further
contempt and violation of the laws. The impunity
of assaults led to and encouraged homicides, and the
lamentable effects of this state of things remain to
this day To remedy this evil, and check crime in
the first stage of its progress with more certainty
and effect, the Legislature passed the Act before
mentioned, enabling. the Lord Lieutenant, with the
advice of the Privy Council, to divide any counties in
the kingdom which they should think proper into dis-
tricts, in the [manner pointed out by the Act, and in

the counties so divided, to establish a constabulatoly
force for the preservation of the. public peace. It
was further provided by. the same law, that in the
counties so divided, General Sessions of the Peace
should be holden eight times in the year, at the kart,
and that a barrister of. six years' standing (not be-
ing a Member of Parliament) should be appointed
to act as a constant assist to the Justices consti-
tuting the Court. Under the provisions of this
Statute, the Lord Lieutenant and Council at that
time extended its operation to several counties then
in a state of disturbance; afterwards, in the year
1796, from the intermediate experience of its bene;
ficial effects, the system was farther applied to the
other counties of Ireland. That justice under this
institution has been administered more regularly and
satisfactorily to the public, and with more effect for
the preservation of the peace, is generally admitted."
" The Statute which regulated the Courts of
Quarter Session, and appointed a barrister to them
to assist the Magistrates in the administration of
justice, proceeded farther and created a concomitant
jurisdiction to be exercised exclusively by the Assis-
tant Barrister of each county for recovery of small
debts in a summary way."
The jurisdiction of this Court in actions for debt
on Bond, Bill,
or Specialty, is limited to 20/. In
actions for rent and on the case in assunipsit and
inseniiel eontputasset, 101. In actions of trove'',
quantum meruit, trespass, damages, &c. 51. But it
is proposed to equalize the surafor all cases, and to
extend the limits of the jurisdiction.
Such is the advantage which Irish turbulence ex-
torted. The people of England hacing a wonderful
capacity to bear, have been suffered to bear, till at:
last, as a wonderful piece of condescension, they are
to have a sort of local Courts, for sums under 101.!
The evidence given by the Assistant Barr;ster is
valuable as to one point, namely, the preferenct: of
the people of an intelligent Judge to a Jury. When
the parties demand a Jury, they can obtain one; but
they have too much good sense to demand one.
" When I first sat," says Mr. Trail Hall (Galway-)
" I was very much disposed myself to have the as-
sistance of a Jury in cases bf contradictory evidence;
but it was in general objected to by the parties."
Mr. Schoales (Kildare)—" Has it been your prac-
tice to call in the assistance of Jurors in civil cases ?"
" Sometimes, but not often." " Has your experi-
ence shown the practiet. of doing so to be useful ?"
" Rather than contrary." " What appeared to be
the wish of parties as to doing so ?"—" In general
the parties do not appear to wish it : whenever they
do, I comply with their wish."
Mr. Peel ought to give suitors the option of hav-
ing their cause tried with Jurors. Already people
complain bitterly of the hardship of the incessant
serving on Juries, and the proposed addition will
make the burden insupportable. But if the matter
be left to suitors, it will be the same in England as
in Ireland, and as it would be in every county. In
ninety-nine cases out of a hundred the parties would
prefer the Judge.