The Statesman.
London, England, 1818-08-18 00:00:00

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.-fitterii tittralichL lAsoiivhit,
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1401,1".1r /I/ sorprisisillo-me how the Minislerletaet• •
allow, as of late, the j4t.it
establishments of Eipiand
(
to be so
case comes now before lli Judges thieth psittes do': '4
not presume to obtrude heir ignorance opon the "--3
learning of the Judges ;Ain(' if the Attlee.tooit'ss
they are doing, learning soul ingenuity mill, ie as? -
opinion, come soon to be the most useless qualifies.
lions *hid) either Judge or Counsel can possess,
since neither Can be accommodated with the ignorance
of the nation. The Juries will not find verdict Set
guilty unless they can be made to understauddit„
lividly the subject : end a foolish conceit has „„„,
entered into their beads that they cart understated best
the reasoning of the party—so fashionable bat (iris
mischievous doctrine bilcOrne, that the Fair Seal,'" • ''
actually become Inoculated with the truth of it, and
they too, and. with success, detest(' themselves egoista •
all the learning and ingenuity of the Bertch,..-T.
Jury understands them best. ' ' . •
We, in Scotland hero:, meir once trnebted with
the same distemper. Tile Jedges were every 0b.,.
hated, mid the Minteter.ost-ws mat andel) peen.
fut 'is corruption, • oppreaelon, and rapacity could '
milVe his. T.before osatteis In the t' stale, L.
DXIIPALir., in.' 1614 •by bto " Judges, • pebliso,4l, hy
wig of Jet of Soderwst,- the frillowing Kindest° ;_•
'4 And that tt,o*.eattse. ocitroitt intimation to bli
made to all Advocates,. t:lerks, Writers to the Sig. '
net, and others, Who are hirinberi 'of the.Coortr and
others whom it may concern, that noise of them pre,
same to advise, consult; outflow,- plead, 'speak, of •
suggest any thing that doth ezpreal or itnport the '
chat gitig any of the decrees or seritenees of the Lords
with error or injustice, whether in the term of ap.
peals, protestations, supPliestions, or any other
snootier I way, either publicly in the exercise of their
functions* or ' privately in their ordinary Conletta..
tiOnS, with their clients or others, under the pain if
• being utterly excluded from exercising any office is
or depeitding upon the College if Justice. and that all
Advocates to be admitted herenjter It,rce-the same dr.
dared to thou us part of their unfit de
.fideli. And
for the better discovering if contrivances,
,you ate.
to receive no supplications but such us are aimed b:y
an Advocate"
.Now, under this Act of Sederunt the nation he.
came from that day as .dent as I.ALu,..D.E,..,u.Z.4.lxn.voitrpaz
Minister could base wished it to
and his Judges were almost zetiishipperl by the Pro.
pie; and such was their influence, that they actually
elected the Scottish Parliament. —..--
At the peri A of the Revolution, in 1688, this * .
-nation claimed sod asserted its' right to appeal so Pen.
'lament nuainst the sentences of the Court ; and the
Act of Sorlerunt, giving the monop-iv in Counsel,
went then into abegvnce. But, in 1789. aril speak.
tog against the Wirt liccume unbounded; isinl,'6 ii
present entltriVatiCeS," LAUDERDALE'S Act of 1671., I,
was again renewed, end ail parties were prohibit :
from pleading their overtcauses unless by the signa. .
tore of an Advocate. No appeal can now reach the
House of Peers, unless from lite alateMents of Coun.
.el, and out of 20 appeal. caw, .11 are reversed or
deemed unintelligible. - : •
But the safety of the Constitution is the great law ;
and if Judges are to be looked down upon, the Cone
stitution is-in danger.
Now, the British Legislature allowed, in 1789,
lodges here to suffer no pleading to them hot what
learned and ingenious Counsel shall vouch what is •
right; and front that time this tiation lies become as •
quiet, contented, and happy as it was its 1674, ea.
der LAUDERDALE.
• Now, what is good for one nation most be good
for'another ; and iVlittistertiougla, I ihink,7ici allow
the Twelve Judges of England to make an Act of
Sederunt, prohibiting all pleadings from the parties
but what are stated by Barristers,. Setjestits, Law.
vers, and Counsellors. If the Minister will allow
this; I will answer for it that your nation Ira*
come as free of complaint as this is ; and thii Ju4ges
of England would not in one instances Meet -with die
repulse that Lord ELLENRIOROUGH did its Homes
case, nor Justice BURROuGIi in that of Miss MARLIN'
TOCKER. .
Edinburgh, Aug. 12, 1819. JURIDICUS,