A splendid cold collation was spread in the hall for the immediate friends and guests of Lord Drelincourt, while an immense entertainment, of a more substantial description, was prepared under an awning, upon the beautiful terrace at the back of the Hall, for about three hundred people, consisting principally of the tenantry, their families and friends. (Half-a-dozen feasts were going on in the village, for those who were necessarily—from want of room—excluded from the terrace tables.) The substantial business of the day—viz. feasting—was to commence, both for gentle and simple, at three o'clock, shortly before which period Lady Drelincourt and Miss Aubrey appeared in the drawing-room, and then in the hall, infinitely the better for their refreshing toilets. 'Tis true that their eyes looked somewhat impaired by the excessive emotions occasioned by the events of the day—for they had both been several times, during their brief absence, on the verge of hysterics; yet for all that they looked a pair of as lovely women as dear Old England, rich in delicate beauty as it is, could produce. They both wore plain white muslin dresses, with small blue rosettes, which Lady De la Zouch had intimated would give a certain person infinite gratification—meaning the new member for the borough; for his colors were blue—whereof there was a modest glimpse in his own surtout. Lord Drelincourt also appeared greatly the better for his visit to his dressing-room, and was in the highest possible spirits—as well he might be, amid a scene so glorious and triumphant as that around him; all people, high and low, rich and poor, without distinction of party, vying with one another in doing him honor, and welcoming him back to the halls of his ancestors. At length, it being announced that all was in readiness, before sitting down to their own banquet, LordDrelincourt, with Lady Drelincourt on one arm, and his sister on the other, and followed by Dr. Tatham, Mr. Runnington, and almost all his guests, passed along under the old archway that led over the bridge to the terrace, in order that the doctor might say grace before the feast began: and the instant that Lord and Lady Drelincourt and Miss Aubrey made their appearance, the shouting and clapping of hands, and waving of handkerchiefs, that ensued, defies description, completely overpowering Lady Drelincourt and Kate, and somewhat disturbing the equanimity of Lord Drelincourt himself. 'Twas several minutes before the least cessation occurred. At length, however, Mr. Griffiths, the steward, who was to preside on the occasion, succeeded in directing attention to Dr. Tatham, who stood uncovered ready to say grace, which he did as soon as there was a decent approach to silence; he and those who had accompanied him, then returning to the Hall. What a prodigious onslaught was instantly made on the enormous masses of beef, boiled and roast—the hams, the tongues, the fowls—and all the innumerable other good things which were heaped upon those hospitable tables. There was alead libitum; and, in addition to that, a bottle of port and of sherry to each mess of four, which latter luxuries, however, were generally reserved for the business which was to take place after the substantial part of the feast had been discussed.
According to a previous arrangement, about four o'clock intimation was given to the vast party upon the terrace, that Lord Drelincourt, accompanied by his guests, would come and take their seats for a short time at the head of the tables—his Lordship occupying the place of Mr. Griffiths. After a great bustle the requisite space was obtained at the head of the nearest table; and presently Dr. Tatham led in Lady Drelincourt, and Mr. Delamere,Kate; followed by Lord Drelincourt and all his visitors—their arrival being greeted in the same enthusiastic manner as before. After they had selected their places, but before they had sat down, Dr. Tatham returned thanks amid a sudden and decorous silence; and then all, having resumed their seats, had an opportunity of feasting their eager and fond eyes with the sight of those who had been so cruelly torn from them, and so long estranged. Lord Drelincourt sat at the head of the table, with Lady Drelincourt on one side and his sister upon the other, both looking exceedingly animated and beautiful. Beside Kate sat Mr. Delamere, his eyes greedily watching her every look and motion; and beside Lady Drelincourt sat the venerable Dr. Tatham, looking as happy and as proud as it was possible for him to look. After sitting for some minutes conversing with those immediately around him, during which time expectation had gradually hushed down the noise which had prevailed on their entering, Lord Drelincourt slowly poured out a glass of wine, his hand slightly trembling; and while Lady Drelincourt and Kate leaned down their heads, and hid their faces, he slowly rose, amid respectful and anxious silence. His voice was at all times clear and melodious, his enunciation distinct and deliberate; so that every word he uttered could be heard by all present. There were grace and dignity in his countenance and gestures; and you felt, as you looked and listened to him, that he was speaking from his heart. Thus he spoke:—
"Oh, my friends! what a happy moment is this to me and mine! What thanks do I not owe to God for His great goodness in bringing us again together in our former relations of mutual and uninterrupted respect and affection! You must not, however, expect me to say much now, for I cannot, because my heart is so full of love and respect to those whom I see around me, and of gratitude to God. May He, mydear friends, who is now beholding us, and marking the thoughts of our hearts, bless and preserve you all, and enable me never to give you cause to regret having thus affectionately welcomed me back again to my home! It pleased Him, my friends, that I, and those whom you see near me, and whom I so tenderly love, should be torn away suddenly, and for a long time, from all that our hearts held dear. The pangs it cost us—bear with me, my friends—the pangs it cost us"—here Lord Drelincourt was obliged to pause for some moments. "We have, since we left you all, gone through much affliction, a little privation, and some persecution. It was all, however, God's ordering, and we have besought Him that we might at all times feel and know it to be so, in order that we might never be impatient or rebellious. Ah, my friends! He is wiser and kinder in His dealings with us than we are often able to see; and as for myself, I think I can say that I would not have lost the lessons which my recent sufferings have taught me, for a thousand times my present advantages.
"What has befallen me has satisfied me, and I hope you too, of the slight hold we have of those advantages, of which we consider ourselves surest. Who can tell, dear friends, what a day or an hour may bring forth? And I hope I have also learned one of the great lessons of life, better than I knew it before—that cheerful resignation to the will of God is the only source of fortitude! God loves the voice of praise which He hearsfrom the desert! Never, dear friends, when we are in our deepest difficulties and troubles—never,NEVERlet us despair! Thank God, I never did, or you would not perhaps have seen me here to-day. God overrules everything for the real good of those who faithfully obey Him: and in our own case, I can assure you, that the very things which we looked upon as the cruellest and hardest to bear of all that hadhappened to us, turned out to be the very means by which we have been restored to the happiness which we are now met to celebrate! See how good God has been to us! When I look around me, and see what I am permitted to enjoy, and know what Ideserve, I tremble.
"You all know, of course, that it has pleased God to place us a little higher in point of mere worldly station than we were before; but I think you will find that it has made only this difference in us; namely, that we are more sensible of the importance of the duties which we have to perform. 'Tis not, dear friends—I deeply feel—the mere coronet which confers true distinction, buthow it is worn. I, of course, have only succeeded by birth, and, apparently, by accident, to that mark of distinction which the merit of some other person had won for him long ago. I trust I shall wear it with honor and humility, and that so—" he paused for a moment,—"will my son, after me.
"And now, my dear friends, I must conclude. You see how much those who are sitting near me are affected." Lord Drelincourt glanced fondly but hastily at Lady Drelincourt and his sister, paused for some time, and then in a lower tone resumed. "You may remember, some of you at least, the evening before we left Yatton; what you then said to me"—here again he paused, and for some time. "I have never forgotten that evening; the thought of it has often been like balm poured into a broken heart.
"I have heard that since I left you all, things have gone very differently from the way they went in my time. Oh, dear friends, there shall be no more extortion—there shall be no more oppression, at Yatton! I can, I think, answer for myself; and I think my little son will not take after his father if—you shall see my children presently—God bless you, dear friends! You seethat I have now and then been overcome while speaking; I know you will bear with me. Were you in my place, and to look upon those whom I now look upon, you also would be overcome. But let our tears now pass away! Rejoice, dear friends, for it is a day of rejoicing! Be merry! be happy! I now from my heart drink—we all drink—all your healths! Here are health, and peace, and prosperity to you all! God bless you all!—God bless you all!"
Lord Drelincourt raised his glass to his lips, and drank off the wine it contained, his hand visibly trembling the while. He then sat down, evidently much subdued; and as for Lady Drelincourt, Miss Aubrey, and Lady De la Zouch—nay, everybody present—they were deeply affected by the simple and affectionate address that had fallen from Lord Drelincourt; and which was followed by a long silence, infinitely more expressive than the most vociferous responses. After a while, the band commenced playing, in a very beautiful manner,
"Should auld acquaintance be forgot."
There were heard several attempts, from time to time, from different quarters, to join in the chorus, but they were very faint and subdued; and Lord Drelincourt, perceiving the true state of the case, suddenly covered his face with his hands, and appeared for some moments powerfully affected. Then, affectionately taking the hands of Kate and Lady Drelincourt, he fondly whispered, that all their past sufferings were surely that day richly recompensed; and fearing lest his presence, and that of his distinguished guests, might be a check upon the freedom and hilarity of the great company before him, he rose, and bowing courteously to all around, and followed by those who had accompanied him, withdrew amid most vehement and prodigious cheering. A few minutes afterwards, according to Lord Drelincourt's promise, little Charles and Agneswere led in amid a thousand exclamations of fondness and admiration, (they were really very beautiful children;) and having had a little drop of wine poured into each of their cups, they drank timidly, as they were told, to the health of all present, and then skipped hastily back whence they had come.
I shall not detain the reader, with whom I am so soon about to part forever, with the description which I had prepared of the opening of Kate's school on the morrow; though I think he would like to have been present. A prettier one there is not in England; and if anything could have increased Kate's love for him who had taken such pains to please her in the matter, it was Dr. Tatham's informing her, a morning or two afterwards, that Mr. Delamere had endowed her school with fifty pounds a-year, forever. In proportion to Kate's sorrow on leaving her school, upon the occasion of their all being driven from Yatton, it may easily be believed, were her delight and gratitude, for this its complete and more efficient restoration. The opening of it by Dr. Tatham, in her presence, and also in that of Mr. Delamere, was doubtless an interesting ceremony, yet not to be compared, perhaps, with one that occurred a short month afterwards at Yatton, and in which the same three persons were principally concerned!
——Here is a heavenly morning in June! and Kate lying trembling and with beating heart, alone, in that old-fashioned chamber of hers, in which she was first seen by the reader—or at least, where he obtained a faint and dim vision of her.—'Tis very early, certainly; and as Kate hath passed a strange, restless night, she is at length closing her eyes in sleep; and as nothing is to be heard stirring, save yonder lark, that is carrying his song higherand higher out of hearing every moment, she will sleep for a while undisturbed.
—Butnow, rise, Kate! rise! It is your wedding morning! Early though it be, here are your fair bridemaids seeking admittance, to deck you in your bridal robes! Sweet Kate, why turn so pale, and tremble so violently? It is truly a memorable day, one long looked forward to with a fluttering heart—a day of delicious agitation and embarrassment; but courage, Kate! courage! Cannot these three beautiful girls who, like the Graces, are arraying you, as becomes your loveliness, with all their innocent arts and archness, provoke one smile on your pale cheek? Weep, then, if such be your humor; for it is the overflowing of joy, and will relieve your heart!—But hasten! hasten! your lover is below, impatient to clasp you in his arms! The maids of the village have been up with the sun, gathering sweet flowers to scatter on your way to the altar! Hark, how merrily, merrily ring the bells of Yatton church!—Nearer and nearer comes the hour which cannot be delayed; and why, blushing and trembling maiden, should you dread its approach? Hark—carriage after carriage is coming crashing up to the Hall!—Now your maidens are placing on your beautiful brow the orange blossoms—mysterious emblems:—
"The fruits of autumn, and the flowers of spring"—
and a long, flowing, graceful veil, shall conceal your blushes!—Now, at length, she descends—and sinks into the arms of a fond and noble brother, whose heart is too full for speech, as is that of her sister! Shrink not, my beauteous Kate, from your lover, who approaches you, see how tenderly and delicately! Is he not one of whom a maiden may be proud? See the troops of ardent friends waiting to attend you, and do you honor! Everywhere that the eyelooks, are glistening gay wedding favors, emblems of innocence and joy. Come, Kate—your brother waits; you go withhimto church, but you will come back withANOTHER! He who loves you as a father, the venerable minister of God, is awaiting your arrival! What a brilliant throng is in that little church!
Now her beautiful form is standing at the altar, beside her manly lover, and the solemn ceremony has commenced, which is to unite, with Heaven's awful sanction, these two young and happy and virtuous hearts!
'Tis done! Kate Aubrey! Kate Aubrey! where are you? She is no more—but, as Mrs. Delamere, is sitting blushing and sobbing besideHER HUSBAND, he elate with pride and fondness, as they drive rapidly back to the Hall. In vain glances her eye at that splendid banquet, as it shrinks also timidly from the glittering array of guests seated around it—and she soon retires with her maidens to prepare for her agitating journey!
Well, they are gone! My pure and lovely Kate is gone! 'Tis hard to part with her! But blessings attend her! Blessings attend you both! You cannot forget dearYATTON, where all that is virtuous and noble will ever with open arms receive you!
And now dear friends! farewell for many a day!If e'er we meet again, I cannot say.Together have we travell'd two long years,And mingled sometimes smiles, and sometimes tears!Now droops my weary hand, and swells my heart,—I fear, good friends! we must forever part.Forgive my many faults! and say of me,He hathmeantwell, that writ this history.
And now dear friends! farewell for many a day!If e'er we meet again, I cannot say.Together have we travell'd two long years,And mingled sometimes smiles, and sometimes tears!Now droops my weary hand, and swells my heart,—I fear, good friends! we must forever part.Forgive my many faults! and say of me,He hathmeantwell, that writ this history.
[1]Note1. Page 46."The show of hands" (says Lord Stowell, inAnthony v. Seager, 1 Hag. Cons. Rep. 13) "is only a rude and imperfect declaration of the sentiments of the electors."
[1]Note1. Page 46.
"The show of hands" (says Lord Stowell, inAnthony v. Seager, 1 Hag. Cons. Rep. 13) "is only a rude and imperfect declaration of the sentiments of the electors."
[2]Note2. Page 72.The time within which a petition against the return of a member of Parliament must be presented, has, for the last two centuries, been a fortnight after the meeting of Parliament, or the return of the member. This still continues the limited period. See stat. 2 and 3 Vict. c. 31, § 2. The allusion in the text, therefore, is to the dayafterthat, beyond which a petition could not be presented; and if Gammon, on or after that fifteenth day, had paid money for their votes to the members of the Quaint Club, he might have done it with impunity, as far as concerned the perilling Mr. Titmouse's seat. The legislature has lately, however, made great exertions to put down the system of bribing; and by statute 5 and 6 Vict. c. 102, passed on the 19th August 1842, has invested the House of Commons with very formidable powers for that purpose. If petitioners on the score of bribery, fearful of the strength of the case which may be brought against themselves on the same ground, agree with their opponents to abandon the charge of bribery, and compromise the matter, the committee may nevertheless inquire into the whole matter, and report the result to the House. And by the fourth and fifth section of that act, a petition complaining of bribery may be presented at any timeafterthe first fourteen days of the meeting of Parliament, and within three calendar months next after some one or more of the alleged acts of bribery shall have been committed; and the inquiries of the committee are limited to acts of bribery committed within three months before presenting the petition. The entire system of election law has been also remodelled by several very recent statutes, as will be explained in the next note.
[2]Note2. Page 72.
The time within which a petition against the return of a member of Parliament must be presented, has, for the last two centuries, been a fortnight after the meeting of Parliament, or the return of the member. This still continues the limited period. See stat. 2 and 3 Vict. c. 31, § 2. The allusion in the text, therefore, is to the dayafterthat, beyond which a petition could not be presented; and if Gammon, on or after that fifteenth day, had paid money for their votes to the members of the Quaint Club, he might have done it with impunity, as far as concerned the perilling Mr. Titmouse's seat. The legislature has lately, however, made great exertions to put down the system of bribing; and by statute 5 and 6 Vict. c. 102, passed on the 19th August 1842, has invested the House of Commons with very formidable powers for that purpose. If petitioners on the score of bribery, fearful of the strength of the case which may be brought against themselves on the same ground, agree with their opponents to abandon the charge of bribery, and compromise the matter, the committee may nevertheless inquire into the whole matter, and report the result to the House. And by the fourth and fifth section of that act, a petition complaining of bribery may be presented at any timeafterthe first fourteen days of the meeting of Parliament, and within three calendar months next after some one or more of the alleged acts of bribery shall have been committed; and the inquiries of the committee are limited to acts of bribery committed within three months before presenting the petition. The entire system of election law has been also remodelled by several very recent statutes, as will be explained in the next note.
[3]Note3. Page 87.For this purpose each party, attended by their counsel, agents, and political friends, immediately withdrew to separate rooms, to fix upon the eleven names which they would strike off. Having done this, they met in a third room, before an officer of the House; and struck off name by name alternately, till the thirty-three were reduced to eleven.—This process was called "Knocking out the brains of the Committee:" for as each party's object was to get rid of a decided and known political opponent, the abler and more eminent he was, the greater the necessity for getting rid of him. Those left were the more obscure members of the House.
[3]Note3. Page 87.
For this purpose each party, attended by their counsel, agents, and political friends, immediately withdrew to separate rooms, to fix upon the eleven names which they would strike off. Having done this, they met in a third room, before an officer of the House; and struck off name by name alternately, till the thirty-three were reduced to eleven.—This process was called "Knocking out the brains of the Committee:" for as each party's object was to get rid of a decided and known political opponent, the abler and more eminent he was, the greater the necessity for getting rid of him. Those left were the more obscure members of the House.
[4]Note4. Page 87.The process of forming an election committee, as described in the text, fell several times under the author's personal observation—in his professional capacity—as late as till within the last five years, [this note being written in 1845.] It was prescribed by a statute, which since its enactment has been repeatedly amended and re-enacted, known by the name of "The Grenville Act," (stat. 10 Geo. III. c. 16.) It was long regarded as a very masterly and successful mode of securing an impartial committee. Thus speaks of it, for instance, Mr. Justice Coleridge, in a note to his edition ofBlackstone's Commentaries, (Vol. i. p. 187, note 31:)—"This statute is justly celebrated for the wisdom and utility of its provisions. One of its principalobjectsis, to secure a fair election of petition committees." This eulogy was penned in the year 1825; but even admitting it to have beenthenjustified by the working of the system, its defects became subsequently the object of universal regret and reprobation. For some years subsequently to the passing of the Reform Bill, this constitution of election committees—depicted in the text with rigorous fidelity—led to intolerable abuse, and merited scandal and reproach. In the year 1844, after a previous ineffectual remodelling of the system, was passed statute 7 and 8 Vict. c. 103, entitled "An Act to amend the law for the trial of controverted elections of members to serve in Parliament," (passed 9th August 1844,)—which created an entirely new system for the selection of these committees—of which the following is an outline.—At the beginning of every session, the Speaker appoints a "general Committee of Elections," consisting of six members, who must be approved of by the House—and then their appointmentcontinues to the end of the session. A list is then made of all the members of the House, liable to serve on election committees, which is referred to this general committee; and they select from it a certain number, not exceeding twelve, whom they deem qualified to act aschairmenof election committees; and who are thereupon neither liable, nor eligible, to serve asprivatemembers of such committees. This body is called "theChairmen's Panel." The remaining members of the House, liable to serve, are then divided intofivepanels, of equal numbers; and the order in which these five panels are to serve, is decided by lot, openly, by the clerk of the House, at the table.—All election petitions are then referred to thegeneral committee, whose duty it is to select from the five panels, according to the order in which they may have been drawn,FOURmembers, who are to serve as a select committee to try the petition referred to them, in the order in which that petition may happen to stand in the list of petitions—which is to be framed according to the provisions of the Act in question. On the same day on which the general committee thus choose the private members of the committee, but without knowing who have been so chosen, the members of thechairmen's panelselect one of their number to act aschairmanof the select committee; returning his name to the general committee, as soon as the latter shall have informed the chairmen's panel that thefourmembers have been chosen. When all these arrangements have been completed, the parties in attendance are called into the House, and the names of the chairman and the four members read over to them; whereupon they withdraw, and this committee ofFIVEthen proceed, in due course, to try the petition. If, through illness, or other allowed excuse, the number should be reduced from five to less than three, the committee is dissolved—unless the parties choose to go on withtwomembers, or evenONE, who in such case will lawfully constitute the committee.—Such is the scheme, devised with anxious ingenuity, which has recently been adopted by the legislature, for the all-important purpose of securing impartial election committees. That it is a vast improvement on the system described in the text, seems certain; but what will be its practical working, time alone can show.
[4]Note4. Page 87.
The process of forming an election committee, as described in the text, fell several times under the author's personal observation—in his professional capacity—as late as till within the last five years, [this note being written in 1845.] It was prescribed by a statute, which since its enactment has been repeatedly amended and re-enacted, known by the name of "The Grenville Act," (stat. 10 Geo. III. c. 16.) It was long regarded as a very masterly and successful mode of securing an impartial committee. Thus speaks of it, for instance, Mr. Justice Coleridge, in a note to his edition ofBlackstone's Commentaries, (Vol. i. p. 187, note 31:)—"This statute is justly celebrated for the wisdom and utility of its provisions. One of its principalobjectsis, to secure a fair election of petition committees." This eulogy was penned in the year 1825; but even admitting it to have beenthenjustified by the working of the system, its defects became subsequently the object of universal regret and reprobation. For some years subsequently to the passing of the Reform Bill, this constitution of election committees—depicted in the text with rigorous fidelity—led to intolerable abuse, and merited scandal and reproach. In the year 1844, after a previous ineffectual remodelling of the system, was passed statute 7 and 8 Vict. c. 103, entitled "An Act to amend the law for the trial of controverted elections of members to serve in Parliament," (passed 9th August 1844,)—which created an entirely new system for the selection of these committees—of which the following is an outline.—At the beginning of every session, the Speaker appoints a "general Committee of Elections," consisting of six members, who must be approved of by the House—and then their appointmentcontinues to the end of the session. A list is then made of all the members of the House, liable to serve on election committees, which is referred to this general committee; and they select from it a certain number, not exceeding twelve, whom they deem qualified to act aschairmenof election committees; and who are thereupon neither liable, nor eligible, to serve asprivatemembers of such committees. This body is called "theChairmen's Panel." The remaining members of the House, liable to serve, are then divided intofivepanels, of equal numbers; and the order in which these five panels are to serve, is decided by lot, openly, by the clerk of the House, at the table.—All election petitions are then referred to thegeneral committee, whose duty it is to select from the five panels, according to the order in which they may have been drawn,FOURmembers, who are to serve as a select committee to try the petition referred to them, in the order in which that petition may happen to stand in the list of petitions—which is to be framed according to the provisions of the Act in question. On the same day on which the general committee thus choose the private members of the committee, but without knowing who have been so chosen, the members of thechairmen's panelselect one of their number to act aschairmanof the select committee; returning his name to the general committee, as soon as the latter shall have informed the chairmen's panel that thefourmembers have been chosen. When all these arrangements have been completed, the parties in attendance are called into the House, and the names of the chairman and the four members read over to them; whereupon they withdraw, and this committee ofFIVEthen proceed, in due course, to try the petition. If, through illness, or other allowed excuse, the number should be reduced from five to less than three, the committee is dissolved—unless the parties choose to go on withtwomembers, or evenONE, who in such case will lawfully constitute the committee.—Such is the scheme, devised with anxious ingenuity, which has recently been adopted by the legislature, for the all-important purpose of securing impartial election committees. That it is a vast improvement on the system described in the text, seems certain; but what will be its practical working, time alone can show.
[5]Note5. Page 117.These offences are now dealt with much more seriously; several late statutes empowering the police magistrates to fine the offenders,and even commit them to the tread-mill. The effect has been to interfere seriously with this species of nocturnal amusement.
[5]Note5. Page 117.
These offences are now dealt with much more seriously; several late statutes empowering the police magistrates to fine the offenders,and even commit them to the tread-mill. The effect has been to interfere seriously with this species of nocturnal amusement.
[6]Note6. Page 227.The reader will bear in mind, that, as explained in a note to the first volume, arrest on mesne process was abolished a few years ago, by statute 1 and 2 Vict. c. 110, (passed 16th August 1838.) The policy of abandoning this system did not secure the unanimous approbation of the Common Law Commissioners. One of the most learned of them dissented from the report recommending the abolition of the system, and embodied his reasons in a very elaborate supplemental report. That arrest on mesne process was the means of inflicting an inconceivable amount of unjustifiable suffering, and was often a mere vehicle for oppression—is indisputable. The abolition of arrest onfinalprocess stands on very different grounds.
[6]Note6. Page 227.
The reader will bear in mind, that, as explained in a note to the first volume, arrest on mesne process was abolished a few years ago, by statute 1 and 2 Vict. c. 110, (passed 16th August 1838.) The policy of abandoning this system did not secure the unanimous approbation of the Common Law Commissioners. One of the most learned of them dissented from the report recommending the abolition of the system, and embodied his reasons in a very elaborate supplemental report. That arrest on mesne process was the means of inflicting an inconceivable amount of unjustifiable suffering, and was often a mere vehicle for oppression—is indisputable. The abolition of arrest onfinalprocess stands on very different grounds.
[7]Note7. Page 241.This isnowvery far otherwise. Legal proceedings have been recently prodigiously accelerated.
[7]Note7. Page 241.
This isnowvery far otherwise. Legal proceedings have been recently prodigiously accelerated.
[8]Note8. Page 241.The reason why neither a Peer nor a Member of Parliament can be bail is, that they are not liable to the ordinary process of the courts.—(Tidd'sPractice, p. 247, 9th ed.) The reason why attorneys and their clerks cannot be bail, is to protect them from the importunities of their clients.
[8]Note8. Page 241.
The reason why neither a Peer nor a Member of Parliament can be bail is, that they are not liable to the ordinary process of the courts.—(Tidd'sPractice, p. 247, 9th ed.) The reason why attorneys and their clerks cannot be bail, is to protect them from the importunities of their clients.
[9]Note9. Page 245.I. e."Special Jury."
[9]Note9. Page 245.
I. e."Special Jury."
[10]Note10. Page 245.A writ ofcertiorariissues from the Court of Queen's Bench in criminal cases, for the purpose of removing them into it from inferior courts; and when the writ is granted, as it may be at the instance of either the prosecutor or defendant, it entirely supersedes the jurisdiction of the inferior court, and renders all subsequent proceedings in it entirely erroneous and illegal—unless the Court of Queen's Bench should think fit to remand the record to the inferior court. Aprosecutormay obtain a certiorari as a matter of right; but a defendant only at the discretion of the court.
[10]Note10. Page 245.
A writ ofcertiorariissues from the Court of Queen's Bench in criminal cases, for the purpose of removing them into it from inferior courts; and when the writ is granted, as it may be at the instance of either the prosecutor or defendant, it entirely supersedes the jurisdiction of the inferior court, and renders all subsequent proceedings in it entirely erroneous and illegal—unless the Court of Queen's Bench should think fit to remand the record to the inferior court. Aprosecutormay obtain a certiorari as a matter of right; but a defendant only at the discretion of the court.
[11]Note11. Page 275.Forgery was a capital offence down to the year 1830. By statute 1 and 2 Will. IV. c. 66, passed on the 23d July in that year, and statute 2 and 3 Will. IV. c. 123, passed on the 16th August 1832; and particularly by statute 7 Will. IV. and 1 Vict. c. 84, passed on the 17th July 1837, the punishment of death is abolished in all cases of forgery, and transportation for life, or for years, or imprisonment, with solitary confinement and hard labor, substituted.
[11]Note11. Page 275.
Forgery was a capital offence down to the year 1830. By statute 1 and 2 Will. IV. c. 66, passed on the 23d July in that year, and statute 2 and 3 Will. IV. c. 123, passed on the 16th August 1832; and particularly by statute 7 Will. IV. and 1 Vict. c. 84, passed on the 17th July 1837, the punishment of death is abolished in all cases of forgery, and transportation for life, or for years, or imprisonment, with solitary confinement and hard labor, substituted.
[12]Note12. Page 295.Hamlet.
[12]Note12. Page 295.
Hamlet.
[13]Note13. Page 298.Bribery at elections of members of Parliament was always an offenceat common law, punishable by indictment and information; but there are no traces of any prosecutions at common law for such an offence. In the year 1729 the legislature interfered, and, by stat. 2 Geo. II. c. 24, inflicted the penalties which were sought to be recovered by the actions mentioned in the text. Mr. Rogers, in his excellent treatise onElection Law, says that it is not difficult to account for the silence of the books of common law on the subject of bribery. When the increase of money, and the growing importance of a seat in the House of Commons, gave rise to a frequent commission of this offence, the House began to assert its exclusive judicial power over all matters affecting the election of its members—and punished bribery as one of the highest offences affecting the freedom of elections. Having thus made it a matter ofprivilege, it would have been dangerous for prosecutors to carry their complaints to any other tribunal. Even since the passing of the Act in question, however, numerous cases are on record of proceedings for bribery, by indictment and information—at the instance, not only of private persons, but of the attorney-general prosecuting by order of the House; which latter power has been greatly extended by the statute referred to in a former note.—With reference to the particular transaction of Gammon with Ben Bran, narrated in a former page, viz.promising afterthe election to pay the Quaint Club for the votes they had given—that alone was held, in the case ofLord Huntingtowerv.Gardiner, 1 Barn. & Or., 297, (A.D.1823,) not to be an offence within the statute 2 Geo. II. c. 24, § 27. But Gammon, it will be borne in mind, had been fatally implicated, by hisnegotiation with the club for the purchase of their votes,beforethe day of the election. The penalties sued for in the text, are to be understood as having been due in respect of offences committed by other cases of bribery, as already explained, than those affecting the Quaint Club.
[13]Note13. Page 298.
Bribery at elections of members of Parliament was always an offenceat common law, punishable by indictment and information; but there are no traces of any prosecutions at common law for such an offence. In the year 1729 the legislature interfered, and, by stat. 2 Geo. II. c. 24, inflicted the penalties which were sought to be recovered by the actions mentioned in the text. Mr. Rogers, in his excellent treatise onElection Law, says that it is not difficult to account for the silence of the books of common law on the subject of bribery. When the increase of money, and the growing importance of a seat in the House of Commons, gave rise to a frequent commission of this offence, the House began to assert its exclusive judicial power over all matters affecting the election of its members—and punished bribery as one of the highest offences affecting the freedom of elections. Having thus made it a matter ofprivilege, it would have been dangerous for prosecutors to carry their complaints to any other tribunal. Even since the passing of the Act in question, however, numerous cases are on record of proceedings for bribery, by indictment and information—at the instance, not only of private persons, but of the attorney-general prosecuting by order of the House; which latter power has been greatly extended by the statute referred to in a former note.—With reference to the particular transaction of Gammon with Ben Bran, narrated in a former page, viz.promising afterthe election to pay the Quaint Club for the votes they had given—that alone was held, in the case ofLord Huntingtowerv.Gardiner, 1 Barn. & Or., 297, (A.D.1823,) not to be an offence within the statute 2 Geo. II. c. 24, § 27. But Gammon, it will be borne in mind, had been fatally implicated, by hisnegotiation with the club for the purchase of their votes,beforethe day of the election. The penalties sued for in the text, are to be understood as having been due in respect of offences committed by other cases of bribery, as already explained, than those affecting the Quaint Club.
[14]Note14. Page 307.The system of joint-stock companies' speculation, as described in the foregoing and subsequent pages of the text, so far from being an exaggeration, falls far short of a complete illustration of the stupendous scale of swindling which has, during the last ten or fifteen years, been tolerated in this great commercial country. At length, however, in the year 1844, the legislature has struck a blow calculated to demolish the whole fabric, or, at all events, prevent any similar erection. By statute 7 and 8 Vict. c. 110, entitled, "An Act for the Registration, Incorporation, and Regulation of Joint-stock Companies," passed on the 5th Sept. 1844; and by act 7 and 8 Vict. c. 111, entitled, "An Act for facilitating the winding up the affairs of Joint-stock Companies, unable to meet their engagements," passed on the same day—such restrictions are placed upon fraud and improvidence, as are calculated to paralyze much of their powers of practising upon public credulity. Publicity and responsibility are two objects which are effectually attained by the combined operation of these acts, which are masterpieces of commercial legislation.
[14]Note14. Page 307.
The system of joint-stock companies' speculation, as described in the foregoing and subsequent pages of the text, so far from being an exaggeration, falls far short of a complete illustration of the stupendous scale of swindling which has, during the last ten or fifteen years, been tolerated in this great commercial country. At length, however, in the year 1844, the legislature has struck a blow calculated to demolish the whole fabric, or, at all events, prevent any similar erection. By statute 7 and 8 Vict. c. 110, entitled, "An Act for the Registration, Incorporation, and Regulation of Joint-stock Companies," passed on the 5th Sept. 1844; and by act 7 and 8 Vict. c. 111, entitled, "An Act for facilitating the winding up the affairs of Joint-stock Companies, unable to meet their engagements," passed on the same day—such restrictions are placed upon fraud and improvidence, as are calculated to paralyze much of their powers of practising upon public credulity. Publicity and responsibility are two objects which are effectually attained by the combined operation of these acts, which are masterpieces of commercial legislation.
[15]Note15. Page 367.I. e.—The proctors' setting forth of their client's name and interest.
[15]Note15. Page 367.
I. e.—The proctors' setting forth of their client's name and interest.
[16]Note16. Page 392.See the note to a preceding page in this volume, (ante, p. 307,) where an explanation is given of the salutary change recently effected by the legislature, in the law of joint-stock companies.
[16]Note16. Page 392.
See the note to a preceding page in this volume, (ante, p. 307,) where an explanation is given of the salutary change recently effected by the legislature, in the law of joint-stock companies.
[17]Note17. Page 415.The present punishment of bigamy [or polygamy as, says Blackstone, (4 Comm. 163,) it ought to be called] is fixed by statute 9 Geo. IV. c. 31, § 22, which declares the offence of bigamy (whether the second marriage have taken place in England or elsewhere) to be a felony liable to transportation for seven years, and imprisonment with or without hard labor, for any term not exceeding twoyears; subject, however, to a proviso that the act shall not apply to any of the following cases: 1. The case of a second marriage contracted out of England by any other than a British subject. 2. The case of a person marrying again where husband or wife shall have been continually absent from that person for seven years then last past, and shall not have been known by such person to be living during that time. 3. The case of any person who, at the time of the second marriage, shall have been divorceda vinculofrom the first marriage, or whose former marriage shall have been declared void by any court of competent jurisdiction.The meaning of the second of these exceptions is, that the husband or wife shall not have been known by the other party at any period during the seven years to be alive.Reginav.Cullen, 9Car. & P., 681.
[17]Note17. Page 415.
The present punishment of bigamy [or polygamy as, says Blackstone, (4 Comm. 163,) it ought to be called] is fixed by statute 9 Geo. IV. c. 31, § 22, which declares the offence of bigamy (whether the second marriage have taken place in England or elsewhere) to be a felony liable to transportation for seven years, and imprisonment with or without hard labor, for any term not exceeding twoyears; subject, however, to a proviso that the act shall not apply to any of the following cases: 1. The case of a second marriage contracted out of England by any other than a British subject. 2. The case of a person marrying again where husband or wife shall have been continually absent from that person for seven years then last past, and shall not have been known by such person to be living during that time. 3. The case of any person who, at the time of the second marriage, shall have been divorceda vinculofrom the first marriage, or whose former marriage shall have been declared void by any court of competent jurisdiction.
The meaning of the second of these exceptions is, that the husband or wife shall not have been known by the other party at any period during the seven years to be alive.Reginav.Cullen, 9Car. & P., 681.
[18]Note18. Page 416.It has been recently decided (the Kingv.Inhabitants of Wraxton, 4 Barn. and Adol., 640,) that to render a marriage invalid on the ground stated in the text,both partiesmust be aware of the false name being adopted. See also, Wiltshirev.Prince, 3 Hagg. Ecc. Rep., 332.
[18]Note18. Page 416.
It has been recently decided (the Kingv.Inhabitants of Wraxton, 4 Barn. and Adol., 640,) that to render a marriage invalid on the ground stated in the text,both partiesmust be aware of the false name being adopted. See also, Wiltshirev.Prince, 3 Hagg. Ecc. Rep., 332.
[19]Note19. Page 422.Signing is not necessary to the validity of a bond or deed at Common Law. The essential requisites are—sealing and delivery. See a very interesting explanation of these matters in Vol. ii. pp. 305et seq.ofBlackstone's Commentaries.
[19]Note19. Page 422.
Signing is not necessary to the validity of a bond or deed at Common Law. The essential requisites are—sealing and delivery. See a very interesting explanation of these matters in Vol. ii. pp. 305et seq.ofBlackstone's Commentaries.
[20]Note20. Page 426.An attorney cannot be thus compelled to answer matterswhich would amount to an indictable offence; for that would be compelling him to criminate himself. Upon this ground, applications like that in the text are often discharged; but it affords no protection to an attorney where the application is, not to show cause why he should not answer the matter in the affidavit, but why he should not be struck off the 28th roll.—See the distinction clearly explained in the case of Stephensv.Hill, 10 M. and W.
[20]Note20. Page 426.
An attorney cannot be thus compelled to answer matterswhich would amount to an indictable offence; for that would be compelling him to criminate himself. Upon this ground, applications like that in the text are often discharged; but it affords no protection to an attorney where the application is, not to show cause why he should not answer the matter in the affidavit, but why he should not be struck off the 28th roll.—See the distinction clearly explained in the case of Stephensv.Hill, 10 M. and W.
[21]Note21. Page 490.The law regulating the "qualification," in respect of property, requisite to render a man eligible for a seat in Parliament, has beenrecently—viz., by stat. 1 and 2 Vict. c. 48,—altogether altered. Real orpersonalproperty to the extent of £600 a-year, now gives a sufficient qualification to acountymember, and to the extent of 300, to a member for a borough.
[21]Note21. Page 490.
The law regulating the "qualification," in respect of property, requisite to render a man eligible for a seat in Parliament, has beenrecently—viz., by stat. 1 and 2 Vict. c. 48,—altogether altered. Real orpersonalproperty to the extent of £600 a-year, now gives a sufficient qualification to acountymember, and to the extent of 300, to a member for a borough.
[22]Note22. Page 491.The privilege of franking letters, so long enjoyed by the members of both Houses of Parliament, has been recently abolished. After the introduction of the penny postage system, the privilege in question was very greatly reduced in value and importance. By statute 3 and 4 Vict. c. 96, § 56, (passed on the 10th August 1840,) "All privileges whatsoever of sending letters by the post free of postage, or at a reduced rate of postage, shall, except in the cases in that act specified, wholly cease and determine."
[22]Note22. Page 491.
The privilege of franking letters, so long enjoyed by the members of both Houses of Parliament, has been recently abolished. After the introduction of the penny postage system, the privilege in question was very greatly reduced in value and importance. By statute 3 and 4 Vict. c. 96, § 56, (passed on the 10th August 1840,) "All privileges whatsoever of sending letters by the post free of postage, or at a reduced rate of postage, shall, except in the cases in that act specified, wholly cease and determine."
[23]Note23. Page 492.These are the abbreviations of the technical words by which are known the two writs of execution against a debtor'sperson, and hisgoods. The former "Ca. Sa." represent the words addressed to the sheriff, "Capias A. B. [the defendant] adsatisfaciendum." The latter represent the words addressed to the sheriff, commanding him "utfierifaciat"—that he should cause to be made, or realized, out of the defendant's goods, the amount due to the plaintiff.
[23]Note23. Page 492.
These are the abbreviations of the technical words by which are known the two writs of execution against a debtor'sperson, and hisgoods. The former "Ca. Sa." represent the words addressed to the sheriff, "Capias A. B. [the defendant] adsatisfaciendum." The latter represent the words addressed to the sheriff, commanding him "utfierifaciat"—that he should cause to be made, or realized, out of the defendant's goods, the amount due to the plaintiff.
[24]Note24. Page 505.The certificate of a bankrupt no longer depends upon the mere will and pleasure of his creditors, but upon the discretion of the commissioner, or judge in bankruptcy, who has become acquainted with the whole conduct of the bankrupt, and may grant, refuse, or postpone a certificate, and annex such conditions to a grant of it as he may think fitting. This very important and salutary alteration of the law was effected by statute 5 and 6 Vict. c. 122, § 39, passed on the 12th August 1842. This power has been exercised on several recent occasions, in a manner highly satisfactory to the public, and creditable to the acuteness, discretion, and firmness of the court.
[24]Note24. Page 505.
The certificate of a bankrupt no longer depends upon the mere will and pleasure of his creditors, but upon the discretion of the commissioner, or judge in bankruptcy, who has become acquainted with the whole conduct of the bankrupt, and may grant, refuse, or postpone a certificate, and annex such conditions to a grant of it as he may think fitting. This very important and salutary alteration of the law was effected by statute 5 and 6 Vict. c. 122, § 39, passed on the 12th August 1842. This power has been exercised on several recent occasions, in a manner highly satisfactory to the public, and creditable to the acuteness, discretion, and firmness of the court.
LIBRARY EDITION OF THE ROMANCES
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