The Statesman.
London, England, 1819-12-02 00:00:00

PPE .ZPAnToNtkist

that sock nerved :o he tee istorpretation of them by
Lord Coke. That it did oat clearly appear what was
IN practice as to Siremoning Juries in the Sheriff's
Towne, set of which the Court Leal was derived ;
but that it did appear, that the Stewards of some
Coeds Lest were Secesteeted to same the Juries,
and that their right to do so was 'sprees', saved by
the Statute 41 Edw. I. e. 1, which says, " that is
Boroughs wheteie reeostaisances, Assizes, Jules, or
Inquest', do pass opt. any matter toecbiog the said
Boreoghs, it shall be dome like as bath beta accus-
tomed in times past ;" which seemed to show, that in
Coons held is Berooghs,—Courts that bate the net-
ting of custom, for the purpose of reviled," their
practice, the Stitch should not affect them, bet that
it should be done as in times past. That it was per.
featly plain the Statute of henry IV. related to in.
didosests, sod that a lost Jury was not a Jury for
the purpose of trying 'minuends, but merely for
presontsont ; and that le this particular case, there
was. custom is the Coen met comma in CoertsLen,
stamply, to sleet the Mayer of th•Borategh. That it ap-
peared by the affidavits which had bete tiled is the
pert of the Mayor, some of which wort by persons
of 70 and 80 years of age, that it had invariably
been the custom for the Steward to set dew. in hie
precept to the Bailiff, the names of the Jurors whom
be was toummon; that this selection of Jurors by
the Steward, as well as the election of the Mayor of
the Borough by the lost Jury, were pertly matter
of custom ;and that the whole of the custom must be
taken together. For how could their Lordships knew,
bet that it might have Wee the right of the Lord of the
Mann to same the Mayor, and that the Lord had
catenated that instead of selecting the person him-
self, he would name the person the Jury should pre.
sent. That with respect to the argument of the
mbar side, that the Jury was illegal, because it was
Inane/ by the Steward of the Court, who was the
Judge, the Learnt/ Counsel contended, that there
was so authority to support this proposition, but
that there was, on the contrary, an implied math°.
,city the other way—the Statute of the 3d Beery Will.
chap. IL—which gives to the ladies sad Justices
power t • reform the Panels, »here ser they have tea.
son to think improper persons have been pet as
libeesSiting thee powereither to strike out then who
are on, or to pet co other persons; from which it
would appear, that it was the policy of the Steele
Law of that period to allow the Jedge to mint the
nomination of Jarers; sod that as ti a Jedge tans.
pawns with a Jury, the law always amid infer the
elalatrary, for it was laid down in 4.1 Ila•kins, 109,
" That no averment lies sgainst the acts of • Court
of
Rented (which need.. a Court Lett), and every
Judas of such Coors shell he presumed to ad according
to the rules Th.eiting of thispassage induced the
Learned Ceeoliel to draw the attention of the Court
u the fact, that Petersbeld was a Borough by pre.
Balloting, and that the Rotation new before them,
ems, therefore, peculiarly • question of must. in. sad
shat they should contend, that there was no doubt it
writhe Celts= for the Steward to name the Jury,
and far the Jury to sleet a Mayor of the Borough,
sod the Bailiff of the Court; and thee there was no
mosi_stlee of fact to be tried, and they hoped they
Ebel above their Legdships that there was sett any
lieentiete of law to be determined; and epe hese
*muds the learned Course' treated that the roles
Ismer had bees atomised would be discharged.
Mr. Weans*, in support of the Roles, said. It
cussed to be admitted by his Learned Friend, who
bed argued se the other side, that if the present was
o case which could be brought within the Statute 11
Henry IV.. thee tbe as which he bail cited from
3tl Isissitete, Implied to the point then heron
their Lordship' ; and that if it was a case relating to
indictments, as he eederstood it was admitted by his
Learned Frintle to be, he was entitled to hen the
Rule mad. absolute. le addressing the Court on
this question on a former occasion, he bad stated,
that be was at liberty and was bound to argue the
t trim now, es if it had been argued when the Court
Loot was Irat instituted, and to show what the
power of that Court was when it was first establish.
▪ because his loomed Friends hod stated, that it
was a Court existing by custom. If, therefore, he
could show that at the time when that custom was
supposed to have commenced. namely, beyond the
time of 111111.0111, the constitution of the Court was
✓ich, that, by the law of the lead at that time, the
Sheriff could not nominate the Jury, that was, that
the Judge or Steward of the Coen could not nomi.
nate the Jury, he should 'maintain, that he was no
mere entitled to do it at the prosont hour than he
would have Wee at that time. Ilia Learned Friends
bad said that the Court lost was derived out of
the Sheri?" Town ; so said Hawkins, and so
said all the Woks that had treated on the subject ;
rot the Court Lost did not differ from the Court of
the Sheriff's Teem, Inapt is the talent of its
*Whelk, ; and, according to the Led levitate,
ableem's Abridging's!, title Sheriff, and Bookbu's
Picas of the Crow, at the Commit Law the
Sheriff could not eel, enquire of all capital offences,
se (gessoes and &looks, bet also issue pee
arse on them, sod determine the tame. That was
the original constitollee of the Sheriff's Taut.', sea'
that was the origins' mutilation of the Courts
Lees. By Magna Charts the pewee of Iht Sheriff to
,Mitt Pleas of the Crow. was taken away ; but though
M Mann detonate') capital offences, and lane pro-
lee's in tech cases, he may still enquire end take pre-
eenterents of all offences at Common Law; sod such
presentments and indictments are to be delivered to
the Justices of the Peace at their nest Alien ; and
thetefore the Court was so far al•ered, from its for-
mer constitutions, that instead of the Jou proceeding
ea indictments for offences committed within their
i ljerisdiction, and isolated of the Steward of the Court
Issuing proem open N, and punishing by hoe or im-
prisonment, or a higher degree of punishment, the
preseetneeets mast be returned to the Justices of the
Peace at their nest Assists. If thee such was the
constitution of the Court, it clearly seemed, that as
far as Indictments were concerned the Court was
within the Statute he had referred to, and within the
comment of Lord Coke epos thetStatese. The Learn.
red Counsel then west on to state the ham of the pre.
cept to the sad he cited the book of • late emi.
net Chief Justice eas lb. practice of Courts I.ot,
wherein the 114i/is directed to summon twenty-Inn
proper persons, misfits within the manor, to serer
on tl.o LPN JurY, lestingit in Itimielf on gammen tee+
as he should tellers to be duly gull:all for the catt•

Another form might perheps do as salt, bet
the effect of the fors proper to be used en these Asc.
ce.ioes was, to 8•1110100 a Jury of hoses. and Israel
men, srithoet naming soy particular persons to the
Beeiff. Us then referred to so ancient statute, to
prose that the Bailiff was the person who most sea-
son the Jar, le the Sheriff's Towne.
The Coeur Isere interposed, mid stated that the
rule sight be made obsolete ; but some dieemesime
arising as to whether the roles should he made efaeo
kite against both the Mayor and the Beeiff,
Mr. WAKRILII said, perhaps their Lordship' wail/
allow him to make the rule against the Beiliffeetatit
to consideration.
Lord Chief Justice AlaoT.—Yas will gain
teething by oesting this Bailiff, I should think, Mr.
Warne.
Mr. Jestiee Bs it:Av.—lf the right et seslostiagl
the Jory be is the ISsUiff yes may gale a greet deal.
Lord Chief Justice Assov.-1 think It would be
the best way to mate this rile obsolete spilled the
Mayor, sod suspend it against the Bailiff, seta we
IWO *bat is dose in that.
Mr. Ilsrriseeloilr. Gwen, Mr. CAMS, and
Mr. Carter, were With Mr. Warren, end it is to be
regretted, that the whole of the orgements intended
to hose been offered is support of thew Rules, sod
the great constitutional point contended for in this
case, were sot heard. Great public Week woeld
have been derited at this lime from the discussion ;
for it is of the almost importance, that the aeleclise
of the Juries in ell the Coeds of Record in therm
kindest, from the highest to the lowest, should 051
be ender 'be cootroel or nowleatios of the Judges of
those Courts ; bat that the Sheriffs of coentles and
Bailiffs of Inferior franchises, should be left free sad
unfettered to return impartial persons as Jurors,
eithost favour or affectios to any Islam* or le.
tweet whatever. That such should be the case, we
have Indy to refer to the jealousy shown by Ow
Courts of Law, sod the punishments leflicied by
them, in all case. brought before them wherein at-
tempts have been wade to tamper with or bias Juries;
sod we recollect a very usemerable instance le that
respect, in as adjoining coesty, where a Member of
tie Legislature, a Jostle* of the Peace, and a pee.
prietor of a clew Borough, was, netwithstaedie,
kin
privilege, severely punished, and afterwards, teel
are correctly informed, struck out of the Commislies
Of the Peons! Sorely, therefore, is cases, like the
one new before the Court, where the Jary are to
elect s Mayor, who has no ether public del? t• per.
fens than as Returning °lcor at elections for
Members of Parlimmest for the borwegh whet..
to he resides. It is of the greatest consequence,
that the Jury should be freely and impartially chosen
from the resident inhabitants of the tows, that the
coarse of election of its Represeetatires should be
tree; in order to prevent the complies which has
berme too systematic in these pieces, and which has
bee. recently so emphatically repeebesded and pa.
'imbed ; for it is impossible to teepee a reforming
Aar, esenefechsred as they are is these boroughs,
to act with impartiality, or witheet a bias im foveae
of the Lord of the Manor sad pyres of the bereegh,
by whose dictation, through the esedlem of his
etesord, the Jude of the Coen Left, they are
closets' by the Jurors selected, needeated, and
picked by him for purposes the most eaworthy sod
tilitionstitational. This great evil, however, is only
to be cored by petting GO end, by STATOTI, to
occeeionelify in voting is these Owns. When that
is done we shill net have soy mere contests shoot
the election of Mayors la Courts Lest for electioneer.
-e purposes!!