The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-02-20


during the freedom of Rome by the ClncIan
law. So long as the Romans preierved their
freedom, that law fubiifed, and it expired.
with expiring liberty'-This one exPedient
might perhaps effect the reformation fought
for. All proceedings lhould be brought
back to the Gmpleit method of quick de-
termination, in all cafes by a jury OF the
neighbourhood. This is the true characte-
rific of the Englifh law, the grand privilege
Of Englilhmen, unknown to other nations
But this privilege is in danger of being loon
at an end, and by the channel ofintormatIons
ex eI1fno in criminal cafes, and of fpeclal ca
fes, and motions for new trial OF civil actI-
on., is fwallowed up ia the vortex OF the
courts at Welfminfer. The!e courts were
originally the fountains of jultice all pro-
ceedIng. at law had their fource in theie toun-
tains, and from them flowed throughout the
whole land, to the cafe and quiet OF the PEG
pie. Now, they NOT only ACT as fountains
but by violent and unnatural reHu% draw
back the determination to themielves, ana
Herewith draw the houies, the lands, the
goods, chatte., and domeitlc peace OF the
fubjea, which are plunged and loft for ever
in lho(e boitonlels gulPhS.
II were endle5 to enumerate the lctlons
our courts have invented to alter the Jaws
for their purpoie, without the authority OF
The lrgilature, and in direct oppoiitlon (iome
Of ihem) to the fpirit of the contribution. vi
thefe actions, fome were devlled to bring tuits
into one court, which ought 10 be carried on
in another: Or, to drag the fubject to the
mott difant part of the kingdom, to aniwer
for an offence which our laws expressly de-
clare fhal be tried by the neighbourhood
where it was committed others, TO eiude
laws in force, which if inexpedlent, ought TO be
repealed. But, law TO effect what is done by
means of thele Actions, will never be luftered
to Pafs, by the good will Of the lawyers, as 1t
would curtai their fees, and the peTquhites
ofcourts. In the Jingle article of cutting OFT
entails, the fubieef would be freed from an
incredible tax, if law were paiied to enable
thole to dock an entail by deed, whom the
FACES Of the law luher now to do it by meSns
Of palpable fallhood. To what purpoie
are laws made, if the minilters of them are
allowed to defeat their proyilions by fuch
htiions, as in private life would be held e
qualiy infamous and ridiculous If this right
OF legal lying be admitted TO be in courts,
where will they fop in the uie of IT What
law will be facredl or rather,wha. law valu-
ed, unleis il have the allowance OF this fourth
btanch of the legi1ature.i Who can allure US
they will not break through the Provllions OF
the habeas Corpus ACT, as they have, to dock
entails, broken through thoie OF Welt
minaer, which provides, that the will OF the
donor lhall be obferved, and thole of Rlc.
II. cap. E. which enaets, that wits OF debt
fhal be commenced in the county where
the contract was made Fietions of law, are
perveriions of law they are an atectaton
of arbitrary power, which neither the law
nor the contribution, nor the people OF En-
gland, will luffer TO be in any man, or body
of men, but the three branches OF the
Legislature united. Yet, TO heighten the alb
furdity, many laws have been paiied to iuP-
port and regulate thefe h6tions which violate
laws unrepealed, and the courts have had IN
Ruence enough to make the Legislature ltfelf
the tool ofthsir oppreGions. here needs
an act to obviate thefe abfurdities, to reViie
all proceedings at law, and TO bring them
back from the regions of fetiOn to truth and
right reafon to regulate the fees of lawyers;
The perquiilcs of judges, and their Po-
wer To forbid the alteration of records;
attachments to anfwer interrogatories on
oath all informations ex etFfi0 and all
fumm4ry proceedings before jufices of the
peace To limit fuits which may be, anc
arc in fair way to be, many Of them, eter-