adminiftration, to which I am glad to testify publickly here my acknowledgements.

As to the object of the prefent affembly, I think I need not fay any thing about it You know what the great change that has happened in this ftate, requires of you; you know your rights, and it is to exert them that you are here convoked. For that end, I with you the bleffing of Heaven, that peace and unity may prefide in all your counfels, and lead them to a happy iffue.

Born and educated among you, I learnt. from my earliest youth to love the country, to confider it as the greatest happiness to be a Swede, and as the greatest glory to be the first citizen of a free country.

All my defires will be fulfilled, if the refolutions you are going to pafs, contribute to ftrengthen the felicity, glory, and independence of this nation; to fee it happy, is the first object of my wifhes; to govern it free and independant, is the laft end of my ambition.

Do not think, my dear Swedes, that these are empty profeffions, belied perhaps by the fecret motions of my heart; they are the faithful expreffions of what that heart feels; too upright not to be fincere; too haughty to be ever falfe to its engagements.

I have feen feveral countries; I have endeavoured to attain a knowledge of their mo rals, their form of government; the fituation more or lefs advantageous of their peuple; I have found, that it is neither arbitrary power in the hands of the prince, nor luxury and magnificence, nor treasures amaffed by economy, that can render the fubjects happy; that they can become fo only by concord, and the love of the country. It then depends folely on your felves to be the happieft nation on earth. Let this dyet be diftinguished for ever in our annals by the facrifice of every private view; of every rancour or perfonal jealoufy, to the grand intereft of the public weal. I fhall, on my fide, contribute to the utmost of my power to conciliate your divided minds; to re-unite your hearts alienated from each other, that this affembly may become, with the bleffing of the Moft High, the era of a permanent felicity to this kingdom.

I affure you all, and every one in particular, of my royal good will and protection." DENMARK.

The king of Denmark has iffued an ordonnance dated the 13th of June, to enable the parents of illegitimate children to fulfil their duty of providing for their education, by fuppreffing the penaltics enacted against them for uch excefles, and particularly the ordonnance of June 1767, which condemns them to be confined on bread and water. His Danish Majefty orders, that for the future no diftinction fhall be made between illegitimate children and those born in wedlock, with regard to their baptifm, ecclefiaftical rights and cmployments in the church; that their birth be

not confidered as a difhonour; that no one fhall reproach them on that account; and that if any married perfon fhould happen to infult or abufe them, the party. aggrieved shall have leave to prefer complaints, and fi lence the aggreffor.

Copenhagen, June 25. The king of Denmark has lately iffued an ordonnance, whereby he changes the punishment for robbery and theft, which was before capital, to working upon the fortifications, or of being confined to a houfe of correction during life, where they are to be whipped and branded, or whipped only, or even exempted from that punishment, according to the circumftances or different degrees of the enormity of their crime. GERMANY.

Prague, June 20. There was a riot in this city on account of the dearnefs of provifion, The governor told the mob, if they would not difperfe, that he would order the garrison to fire upon them. Not in the leaft intimidated, they replied that they would look upon the execution of his menaces as a favour, fince a fudden death by the musket was preferable to a flow one by famine. The governor did not chufe to take their advice, but fent an express to the emprefs, who was fo much moved with the diftrefs of her fubjects as to fhed tears. She countermanded the waggons loaded with corn for Ratisbon, and gave that city an indemnification of 1500 ducats.

NOTE to CORRESPONDENTS..

WE should be happy to oblige an old cor

refpendent, but The third Converfation on the Subject of the Articles is out of time. We bave endeavoured to oblige R. V. with an infertion of the French Thoughts on Time; but there is a glancing at the indelicate in the Latin Epitaph, which renders it improper for our Magazine.

Florio's bint is complied with.

We inform G. D. that we were strongly for licited by various correfpondents to fubftitute the Debates of a Political Club in the place of The Parliamentary Hiftory, and we flatter ourselves, that the wish to eblige, will not be imputed to us as an imperfection, especially as in all important affairs we give a biftory of the determination.

Juvenis is inadmiffable on account of bis perfonality.

Tribunus is unintelligible.

Leander is very obliging, and we shall be very glad to return the civility.

Delia will find from our last number, that ber ifhes are anticipated.

John Somers pays us a very genteel compliment on our impartiality in the Political Debates, which we shall always endeavour to merit, by representing a true state of falls to our readers.

Our Hitchin carrefpondent came too late tki: month, but shall be duly attended to in our next. Ariftarchus to Dr. Priestley in our_zext, All Philanthropos in our next.

1771.

AVING in our laft concluded the great debate upon the commitment of the city magistrates to the Tower, we now turn to the celebrated motion made by Curius Camillus (Mr. Serj. Gn) on the 6th of December, for a committee to enquire into the examination of criminal justice in Westminster-hall; particularly in cafes relating to the constitutional power of juries.

It is true a prior queftion relative to the act of William the Third, which empowers the Attorney General to -file informations ex officio, produced a long debate on the 27th of November; but as the general adminiftration of criminal juftice, is of more importance than the severity of any particular law, we are perfuaded our readers will think their information belt answered, by having the former first prefented to their hands.

CURIUS CAMILLUS.
Mr. Prefident, Sir,

WHEN any dangerous innovation threatens the constitution, it is the duty of every Englishman to take the alarm, and to guard fo invaluable a poffeffion. Freedom is an inheritance left us byour forefathers, and we ought to tranfmit it undiminished to our pofterity. Not only our own happiness, but that of future ages is at ftake; and if, through indolence or timidity, we relinquish the one, we cannot abandon the other without a violence to humanity. If the charges, which I am going to state, are well founded, this is at prefent the cafe. The palladium of our liberties and properties is undermined, if not destroyed; and in the midst of an imaginary security Auguft, 1771.

every thing is loft, which should be dear to a brave, to an intelligent peo ple. Unfit as the infirmities of my body make me for taking the lead in this affair, yet I could not perfuade myfelf to be wanting to my country in fuch an effential caufe. if I should not anfwer her expectation, nor that of my friends, they must take the will for the deed; for, however weak the flesh may be, the fpirit is strongly inclined to their service.

A report is univerfally circulated, fir, that the judges of Westminsterhall have invaded the power of juries: it is not only affirmed, that they encroach upon the conftitutional right of jurors, but that they lay down falfe law, in order to mislead them in their verdict. This, if true, is a crime of the first magnitude; because, if ever the liberties of this country are loft, they must be lost in Westminster-hall. On this account we should be very jealous of any new practices which prevail in our courts: we ought fre quently to infpect the conduct of our judges, as our ancestors wifely did, who frequently cenfured and punished the mifconduct of judges. Initances of this must crowd upon the memory of every man converfant in our hiftory. In the reign of Alfred the Great, forty of them were hanged. I do not mention the precedent indeed as an example for your imitation. All I mean is to fhew you that there is in judges no peculiar fanctity to fecure them from the frailties of other men. Their conduct therefore. ought to be narrowly watched. The more important their ftation, the more alive our attention should be. The peculiarity of the predicament in which I ftand, will not allow me to step forth as an accufer on this occaСсс г

fion.

fion. Nor is it fo much my intention to impeach any particular perfons, as to rouse you to an enquiry, that you may act according to the proofs which fhall appear.

If the enquiry fhould turn out in favour of the judges, my mortification at being miltaken will e fully balanced by the joy which I fhall feel at feeing the nation groundlefly alarmed. But, alas! I fear that will not be the cafe. Nay, I will be bold to fay, that it cannot poffibly be the cafe. The malverfations with which they are charged are of too black a dye, and of too great authenticity, to fhare fuch a fate. They are accufed of allowing the jury only the cognisance of the fact, and of referving to themselves the right of judging of the intention. The intention is confidered as a matter of law, which is beyond the sphere of a jury. In the cafe of a libel, for example, the jury is only permitted to determine whether it was publifhed by the culprit, and whether it is applicable to the perfon ftated in the indictment, or information. Whether he defigned to do an injury, is declared totally immaterial to them. They must bring him in guilty. The malice or innocence muit be left as a matter of future confideration to the judge, who must give each its due weight, as an aggravation, or extenuation, according the nature of the cafe. Now, fir, whence is this fpecies of law derived? I am fure not from natural juftice; for natural juftice informs me, that the essence of guilt confifts in the intention, and that he who kills his father undefignedly, is as innocent as a young tree that overtops its parent, and at last deftroys it, by confuming all the juice and nourishment afforded by the furrounding earth. Nor does the pofitive, feem to differ from the natural law. At least the code of English jurifprudence is the fame; for robbery and murder, without intention, lofe their name, and affume that of tref pafs and manflaughter. If a father fend to his fon a letter couched in the moft acrimonious expreffions, yet there is a precedent for acquitting him of a libel, if it appears that the object at which he aimed was the reformation of his fon; or, in other words, if it be clear that he did not write

it with a malicious intention. But it may be a ledged, that though reafon and the general principles of justice are on our fide, precedents declare against us. I will take upon me to fay, that there are none of good authority, or indeed of any authority at all, that militate against me. The general tenor of our decifions allows juries the right of judging on the intention. Were not this the fact, upon what grounds could the feven bishops have been acquitted? they acknowledged the publication, they acknowledged the application alledged in the information. What then could be left to the cognifance of the jury? nothing but the intention with which they published and applied. That intention the jury found to be good, and therefore they acquitted the bishops to the great joy of all good men, and to the advantage of the whole nation Nor does it appear, that the judges ever inftructed juries to confine their inquiry folely to the fact of publication and the truth of the inuendoes. Juries, therefore, would have been ufelefs, if they had nothing to examine but what was confeffed. I allow indeed that there was one judge, who feemed to give a colour to this doctrine; but then his violent and unconftitutional proceedings deprive him of all authority. Becaufe a juryman would not agree to a verdict, which his eleven affeflors were willing to find, he threw him into a prifon. The rest of his conduct was of a piece. What inference then can be drawn from his behaviour? I would as foon feek for a precedent in the Star-chamber as in his practice. Judge Powel too, and his coadjutors, are fuppofed to have countenanced this innovation. But that fuppofition will, upon examination, be found to be groundless. But let the practice have every precedent which defpotism can with, no precedent can change the invariable property of things; what is bad must be bad, though fupported by a thoufand authorities; and what is right fhould be done, however it may carry the appearance of novelty or innovation. But the grievance here pointed out, Mr. President, is not the only fource of complaint. A mafter is adjudged to be responsible, in criminal cafes for the mifdemean

ors