244 The Monthly Catalogue for May, 1952. against their proceeding, upon pretence, that their intending to do so should have been previously communicated to him, of which he prefently fent a circumstantial account to his mafter, as the Hanoverian minister likewife did to his, and both have received fresh inftructions as to their future conduct. As to his Britannick majefty, he has ordered his minister to demand, that the diet fhould deliberate thereupon, and to declare, that he defires nothing more than to fee this affair determined by the impartial decision of a competent judge; and that, as his rights are well known, he will entirely acquiefce in the determination of the general affembly of the states of the empire; but as the king of Pruffia is in poffeffion, he will probably be against running the rifk of a decifion.' Since his Britannick majesty's arrival at Hanover he has enjoyed a perfect state of health; and our letters from thence of the 19th inft. N. S. fay, that col Yorke has been ordered to remonstrate to the states general of the United Provinces, against the unfriendly practices of the Dutch on the coaft of Guinea. The Monthly Catalogue for May, 1752. DIVINITY and CONTROVERSY. TH Innys. HE Way to Divine Knowledge 6. The Huraourift: Being Effays upon feveral Subjects. By T. Gordon, Efq; 4th Edit. 2 Vols. pr. 5s. Browne. 7. A Letter from Mifs Blandy in the Shades, pr. 6d. Cooper. 8. Obfervations on Tacitus. By T. Hunter, pr. 4s. Manby. 9. Memoirs illuftrating the Manners of the Age. By M. du Clos, 2 Vols. pr. 6s. Whifton. 10. An exa& Lift of all the Fairs in England and Wales, altered according to the new Calendar, pr. 6d. Baldwin. ~11, Life of Nell Gwynn, pr. 18. Jeffery. 12. An Addrefs to the Jurymen of London, pr. ad. Corbett. 13. A Call to the Publicans, pr. 6d. G. Woodfall. 14. A Supplement to the Works of Dr. Swift, pr. 2s. 6d. Cogan. 15. An Account of fix Years Refidence in Hudson's Bay. By J. Robfon, pr. 35. 6d. Payne. 16. A compleat Guide to all Perfons who have any Trade or Concern with the City of London or Parts adjacent. 5th Edit. pr. 1s. 6d. Baldwin. 17. The Antiquities and Chronology of the most ancient Kingdoms. 3 Vols. 4to. By John Jackfon, pr. l. 165. Noon." 18. Genuine Speech of the Hon. Mr. - at the Trial of Mifs Blandy, pr. 6d. Roberts. Po. Some Obfervations on the Writers of the prefent Age. Cooper. 20. A new Method of ftating and explaining the Scripture Chronology. By J. Kennedy, pr. 5s. Millan. 21. A clear compendious Hiftory of the Gods and Goddeffes. By. D. Watson, M. A. pr. 38. Ward. 22. Modern Differtation on a Piece of Houthold Furniture, pr. 6d. Kent. 23. Remarks on Mr. Mafon's Elfrida, pr. is. Tonfon PHYSICK and PHILOSOPHY. 24. Effays on natural History and Philofophy. By J. Hill, M. D. pr. 5s. Whifton. 25. The best and eafieft Method of preferving uninterrupted Health to extreme old Age. 2d Edit. pr. 2s. Baldwin. POETRY and ENTERTAINMENT. 26. A new Tranflation of the Works of M. de la Bruyere. 2 Vols. pr. 6s. Browne. 27. Twenty-fourth of May, pr. 6d. Wilfon. 28. Woman weighed with Man, pr. 15. 6d. Wilfon. 29. The Fair Parricide, pr. 1s. Waller. 30. A Midnight's Contemplation in the Country, pr. 6d. Owen. 31. The Friendly Rivals, pr. Is. 6d. Barnes. SERMONS. 32. A felect Number of Sermons and Difcourfes. By W. G. Barnes, M. A. Lecturer of St. Bride's. Two Vols. pr. Ios. 6d. in Sheets. C. and J. Ackers, Printers, in St. John's-Arest. 33. The Excellency of the English Liturgy: A Sermon. By S. Shuckford, D. D. pr. 3d. Tonfon. 34. A Sermon preached before the London Infirmary, March 19, 1752. By Frederick (Cornwallis] Lord Bishop of Litchfield and Coventry, pr. 6d. H. Woodfall. 35. A Sermon at St. James's in Bristol. By T. Broughton, A. M. pr. 6d, Tonson, Containing, (Greater Variety, and more in Quantity, than any Monthly Book of the fame Price.) I. Extracts from Dr. Huxham, of the different Qualities of the Air. II. A Defcription of the Shetland Ines, famous for the Herring Fishery. III. A Summary of the most important Affairs in the laft Seffion of Parliament, continued. IV. An Account of the Turnpike Roads A&t. VII. The JOURNAL of a Learned and Poli tical CLUB, &c. continued: Containing the SPEECH of Servilius Prifcus on the Motion concerning Mr. Murray; and the SPEECHES of Horatius Cocles and C. Manius, in the DEBATE on the Army. VIII. A judicious and interesting Letter concerning Jurics. IX. Of Lightning and Electricity. X. Dr. Ruffel's Aphorifms, of the Use of Sea-Water in Difcafes. XI. An Account of the Indian Brachmanes or Bramins. XII. Great Diftrefs at Sea. XIII. Of the Difputes about Eaft-Frizeland. XX. The MONTHLY CHRONOLOGER : Lord Mayor's Death, and Election of a new one; Sir Peter Warren chofen Alderman, but declines; Malefactors executed; Knights of the Garter inftalled, &c. &c. XXI. Promotions; Marriages and Births; Deaths; Bankrupts. XXII. Prices of Stocks for each Day. With a fine VIEW of the South Profpect of the CITY of COVENTRY, elegantly engraved; also a new and correct MAP of the ISLANDS of SHETLAND. MULTUM IN PARVO. LONDON: Printed for R. BALDWIN, jun. at the Rofe in Pater-Nofter-Row: Of whom may be had, compleat Sets from the Beginning to this Time, neatly Bound, or Stitch'd, or any fingle Month to complete Sets. A CONTENT Letter concerning juries, and the use and abuse of them 247 S. called Brachmanes, or Bramins ibid. F Extracts from a pamphlet, entitled, A five Weeks Tour to Paris, &c. 272-275 Of the houfes of entertainment at Calais and Boulogne 274 Poft road from Calais to Paris, with the 277 mufick 280 On the death of an excellent lady, who died in a poor retirement ibid. On feeing the fubfcription for her works ibid. 281 A country dance Defcription of a cottage, lately rebuilt by the earl of Orrery ibid. A young lady's advice to one lately married 282 283 Contemplation, concluded 263 264 ibid. ibid. F common council men ibid. 266 Sir Peter Warren pays his fine ibid. An account of thofe Indian philofophers, Of the turnpike roads act 292 We thank A. B. for what he has suggesied, tho' we think it impracticable.— As to the accoun◄ which we used to infert, mentioned in a letter of June 23, there was no fuch thing this year. What another A. B. has recommended, relating to fome debates, fhall be comply'd with the firft opportunity. The infcriptior from Oxford, as alfo the epitaph on Dr. Smith, and other pieces of tetry, for want of room, thall be in our next. " Rrcrime for collecting the LAND TAX and WINDOW LIGHTS, are given Gratis "R. BALDWIN, Levkjeller, at the Role in Pater-Nofter-Row. THE LONDON MAGAZINE. JUNE, 1752. A Letter concerning Juries, and the Use and To the AUTHOR, &c. SIR, A DUNWOT is an Englishman's peculiar happiness, that as he is born to inherit his lands, fo he is to inherit the laws, which are his birthright; and if he would keep the one, he must be careful to preferve the other. The laws are the palla- B dium of property; they are the fureft faleguard of our lives, and the strongest fence to our lands. All law is, or ouglit to be, right reafon; but there ever was, and always will be, a ftruggle between mens reafon and their paffions, between law and arbitrary power. The laws of this nation, as by a compact with the C crown in the Magna Charta of this kingdom appears, do indeed defend and fecune the lives, liberties and properties of the fubject, as far as human prudence could devife. But the grand or principal law of this land, on which the juftice of all the reft depends, is that for trying all difputes and differences between fubject and fubject, and all crimes against the crown, per pares, or by a jury of 12 honest men, of the fame rank and degree with the perfons difputing or accufed; who are to be elected without prejudice of party, and are bound by oath to try such dispute, difference or crime, according to the best of their understandings, and to bring in according to their confciences an impartial verdict. Our ancestors were, indeed, fo juftly jealous of their liberties, and fo careful so arm against any unjust profecutions of the crown, that they fixed grand juries as an advanced guard, who were, before June, 1752. D E carried on, to there was juft But this grand any profecution could be The forms of juries, as of parliaments, have by long ufage been rendered too facred to be attacked; but what does the form of any thing avail without the ufe? As hypocrify in religion is a great affront and mockery of God, so good forms kept up in any state, are, when turned to had ufes, a grofs affront and mockery of the people. or, It has lately been by fome confidently afferted, that juries are not judges of law, but of fact only: What can be more false? What more injuribus to the fubject What can tend more to overturn all our laws and liberties? For if this pernicious doctrine should be allowed, juries would be fo far from being a fecurity to the fubject, that they would be then a fnare; and that which our ancestors intended as a bulwark to defend our lives and properties, would become a ftrong engine to batter them down; because any perfon might then be profecuted for the most innocent action; nay, indeed, for acting according to any law of the land, which a.bitrary Ji power 248 The Duty and Importance of JURIES, B power did not like, and found guilty and Juries fhould indeed always confider by what method the prifoner before them ftands accused; if he does not stand there according to the common legal manner by a prefentment of a grand jury, but by information, they may then very reaenable fufpe, that the prifoner's crime June is not fuch as it is called; because profecutions by information are feldom brought, but when no grand jury will find the bill; and therefore they should in fuch cafes always fupply the place of a grand jury, by taking upon themselves to determine the nature of the crime, and not by an iniquitous special verdic caft the prifoner, as it were, into the power of his profecutor. Juries are bound to fee with their own eyes, and not thro the opticks of the bench; nor are their confciences to be controll'd by the court. There are cafes indeed relating to property that often happen between subject and fubject, which are more intricate, and require nice diftinctions; here the judges must help the jury to distinguish : But in all criminal cafes, between the crown and fubject, the crime of the fact, as well as the fact itself, fhould always be fully and clearly proved to the fatisfaction of the confciences of the jury, or otherwife they cannot, without perjury, but bring in the prifoner Not guilty. Lawyers often puzzle themfelves, and perplex others, with nice and fubtle diftinctions about the true meaning of words; and I think they have differed in opinion in no one more, than in the word libel, Some lawyers will fay, that a libel may be either true or falfe; and that its truth makes it rather more a libel, than if Dit was falfe: But who was ever yetprofecuted for writing or publishing a libel that was true? I believe, no perfon was ever yet profecuted for a libel, where the word falle was not exprefly mentioned in the indictment; therefore it appears plain to me, that falsehood must be joined to defamation, to make a libel. F That great lawyer, my lord chief juftice Holt, fays, That whoever aflerts things in writing, must alfo, at his peril, prove them to be true." If what a man has wrote or published be truth, with what confcience can a jury bring him in guilty of writing or publishing a falfe libel? It is furely contrary to right reafon, and therefore should be fo to law too, to charge a perfon with publishing a libel that is falfe, and yet refufe him the liberty of proving it to be true; fuch refufal cannot but be, to every honeft man's confcience, the strongeft evidence of its truth. Can right reafon call truth a crime? If not, I hope the G laws of England never will. Miferable indeed must be the state of that people, ' where writing truth against man is accounted a crime; but writing falfehood against God, none. Yet, I own, I difcommend, nay, highly blame, the writing of even truth itself, if defamatory, ६ when |