rant men, and ignorant men are incapable of explaining the scriptures. This is a proposition on which the enemies of methodism dwell, with all the confidence of argumentative victory; but, to examine its truth, we must first attend to the import of the term ignorant. Ignorant is a relative term, and relates both to the subject to be explained, and to the people who are to be benefited by the explanation. Many good Greek scholars could explain a passage from Homer, who would find it impossible to explain satisfactorily the "tenebrous" fragments of Lycophron. Because a person never read Cæsar's Commentaries in the original, may he not be acquainted with all the facts in that work? May he not describe the formation of the famous bridge across the Rhine, as correctly as if he were a first-rate Latin scholar? As far then as our version of the Holy Scrip\tures is correct, every person of good sense, and of moderate proficiency in his native language, can understand and expatiate upon them with propriety. Our version is not so correct as it might be made; but is that the fault of the methodists? Where are our two universities? Where are the bishops? Where the much-boasted learning of the established clergy? As to the doctrinal parts, or mysteries of our religion, they are certainly as well understood by the most ignorant methodist preacher, as the most profound linguist-as well by John Bunyan as by Dr. Lowth; and the election which our Saviour made of the apostles, to be depositaries of his doctrines, is at least a presumptive proof that it required no high scholastic attainments to understand, and interpret them correctly.

very evident that their hearers derive any superior illumination. Nor, considering that the majority of every congregation must necessarily be deficient in taste and learning, would it be prudent to bring into use all those acquirements for which the modern clergy are so eminently conspicuous. Their weak eyes might be dazzled by the refulgent lustre of clerical erudition; and perhaps it is compassionate to twinkle upon them with milder and less irritating rays. To speak seriously, there certainly should be some equality preserved between the discourse and the congregation, who are intended to benefit by it; and this is another reason that great learning is not an essential qualification for a useful minister of the Gospel.

"The cant about the importance of a knowledge of the learned languages to correct reasoning, is daily becoming more obsolete; and the most ardent advocate of the established church, will scarcely assert, that our modern clergy often break their rest by poring over the original Hebrew. Indeed, I believe, there have been as many ghosts laid in the Red Sea, by speaking latin, as difficult texts of scripture explained, in the present æra of our establishment by a reference to the Hebrew text.

It can

not be denied, that the methodists generally bring into use all the stock of knowledge they possess; and supposing them ignorant, when compared with the established clergy, yet if the light of the etter be hid under a bushel, it is not

"With respect to eloquence, the methodists are certainly not inferior. Their eloquence may be rude, but it is animated. Theirs is never the unwilling eloquence of a school-boy repeating his lesson. The emotions of their soul generally accompany their lips. They shew anxiety to make converts, and is it surprising that they should be successful?

To enter the majority of the churches in this metropolis, and hear the preachers reading over, with monotonous drone, their stolen sermons, and then express surprise that the methodists are increasing, certainly shews no great acuteness of the reasoning faculty."

The superiority of the methodists over the established clergy in their visitation of the sick, and in their general usefulness in society is insisted on; and the following instances are brought in proof of the author's positions.

"The great argument for the methoTM dists still remains untouched, that is, the good they have done to society, and are daily employed in doing. If there be any criterion by which we can judge the merits of a sect, it is this; and here we can fortunately support our defence, by the evidence of stubborn facts. The late Marquis of Lansdown had experienced much trouble from the immorality, and consequent quarrels among tenantry on one of his estates-he solicited the advice of his intimate friend Dr. Price, what method he should adopt to obviate the evil. Dr. Price was, it is well known, himself an Arian, and certainly cannot be suspected to have had any partiality for the tenets of method,

the

ism; Dr. Price, however, recommended, as the most efficacious remedy, to place among them a few methodist preachers. The experiment was tried, and succeeded beyond expectation.They became, in a short time, methodists, and good members of society.

"A friend of mine, residing lately, for the benefit of his health, near a manufacturing village in the west of England, by chance, went to a methodist meeting in the vicinity, and observing, during divine service, the behaviour and respectable appearance of more than a hundred young females, belonging to the neighbouring manufactory, was induced, when, some days after, in company with its proprietor, to inquire by what means he was able to produce such regularity of conduct; in answer to which he was informed, that until a methodist meeting was established in the place, all plans for preserving their morality had failed, and that they then were as depraved as any girls, under similar circumstances, in the kingdom; but that since their attention had been roused by the instructions of their methodist pastor, they had become equally conspicuous for decorum and propriety of conduct."

The author concludes by alluding to Lord Sidmouth's long threatened bill, which is at length introduced to the house of Lords: his reflections on the prospect of such a bill will be most cordially approved by every friend to civil and religious liberty.

"The liberal Hints of the Barrister to induce legislative interference," or, in other words, religious persecution, seem to be taking effect. A bill is to be brought before parliament, in the ensuing session, to render it more difficult to obtain licences to preach, under the frivolous pretext of preventing fraudulent exemption from the militia; but it is to be hoped, before such an argument is permitted to have any weight, it will at least be supported by one well-authenticated instance of the kind. If we support toleration, and maintain that every man should have the liberty to chuse his own religious creed, every man should be equally at liberty to chuse his own religious teacher. Absolute unrestricted toleration, except in the opinion of bigots, is the right of every human being, and a right, which it is to be fervently hoped, every Briton will have the virtue to claim!"

Introduction to the History of the Revolution of Spain; by Alvaro Florez Estrada, Attorney General of the Province of Asturins. Translated from the Author's, MSS.By W. Burdon, p. 287. Sherwood, Neely and Jones.

In our Review for February last, we noticed a plan of a constitution, presented to the Spanish junta, by the author of this work, which evidently discovered an enlightened mind, and a love for the principles of genuine freedom. Mr. Burdon the translator of both works, thus before us." My partiality for a expresses his admiration of that now man who has done and suffered so much in the cause of freedom, may, perhaps, mislead my judgment in estimating the merits of this performance; but to me it seems that I dern to be compared with it for have never met with any thing moclear and circumstantial narrative, for dignified sentiment, and for general interest."

In the preface the author after making some miscellaneous observations on the use of history, which he considers as "the best school for "all those who wish to know how "to conduct themselves," offers the following apology to the public for the present performance.

"I well know the difficulty of the task I have undertaken, but nothing can contribute more to make a good government beloved and respected, than a faithful picture of the misfortunes and calamities which arise both from anarchy and despotism. To place the whole in a clearer light, I have thought it requisite that this introduction should precede the history which I intend to give of the revolution in the principality of Asturias my native country, in which I was personally concerned. It is impossible to penetrate to the bottom of a revolution so great, merely by the events which occurred in it. A history of this nature should be divided into two parts: the first, which may be called the introduction, ought to explain the nature and causes of the revolution, the direction which it takes; and to contain,

We cannot but lament, that in the introduction of an history of such importance, there should be so few documents, or so little information of which the public are not already in possession; and certainly some thing more is necessary than the mere assertion of the author respecting the high character of Cevallos, whose "honest integrity," did not prevent him from seeking for place after place, from Charles IV. from bis son; from the French usurper; and from the Spanish regency. He seems to have been more politic than our British statesman Lord Castlereagh, who expressed his satisfaction at having "two strings to his bow." This "Introduction" is indeed to be esteemed, principally, for those en-, lightened, manly, and patriotic reflections interspersed throughout. We are, however, confirmed in our opinions, that the rulers of Spain, have not yet held out objects to the people sufficient to induce them to discover that ardour indispensibly requisite to a people resolved to "live free or die;"—that the insurrection at Madrid at the commencement of the contest, after so large an army of the French had been permitted quietly to enter, was exceed ingly rash and ill timed;-and that the adulatory language used by the regencies, the juntas and the cortez, respecting that phenomenon of stupidity, Ferdinand, is utterly unworthy of a people professing to fight for their independence, and endeavouring to form a free government.

all kinds of juries for these jurisdictions. During the performance of these various duties, he "idolizing" the institution of juries as the sheet anchor of the freedom happiness and prosperity of the country, suffered much affliction in observing that the modern spirit of law and legislation, tends in many instances, either to the disuse of juries, or to the diminishing of their authority." Professing the purity of his motives, he solemnly declares that he has nothing in view, but the furtherance of truth that in alluding to mal-practices of courts, judges, counsel or lawyers, he means to charge no one in particular; and he freely declares that he believes the unconstitutional practices complained of, have been sanctioned by many precedents, and have grown into monstrosities of juridical practices by imperceptible encroachments, without involving any imputation on particular courts or individual judges." These remarks are certainly very candid, but when the pages of history display from the days of Alfred almost down to the present jubilee reign, so many instances of partiality, corruption, tyranny and cruelty in different departments of our courts of justice, it is impossible not to attach blame to individuals: the fate of many of ALFRED's judges, shew the opinion of the sovereign, and the fate of Jef fries of the people, respecting the cha racters of those detested perverters of judgment. Remarks somewhat similar might be applied to aspiring time-serving counsel, and to timid, servile juries.

"The author has avoided or evaded the questions which agitate legal antiquaries, in regard to the obscure and doubtful origin of juries; but has stated a broad hypothesis sufficient for his general purposes, assuming simply, that we are indebted to the northern nations

for their invention, and not conceding to Mr. Reeves and others, that juries arose out of the aula regis, and were a concession of the Norman princes. He

presumes, that nothing is more certain, than that they appertained to the juris prudence of the Celts and Goths, and that no man under those people could have been punished for a crime of which he had not previously been convicted by bis peers; and this historical fact is all that need be insisted on by him who advocates the rights of the ENGLISH JURY SYSTEM. What were the powers of the Wittenagemote-what those of the Aula Regis-how far they were, or were not, Co-existent what analogy exists between them, or either of them, and the present courts of Westminster, are questions which form no part of his business or enquiry.

1

"Should it be conceived that his reasonings favour the accused too much, and tend to cherish prejudices against legal authorities and accusers, he refers for his apology to that excellent principle of our law, which presumes every thing in favour of accused persons, and which assigns to prisoners, the court as their counsel besides, power being always able to sustain itself, requires no aid from extraneous sources; and it is the helpless accused, suffering under privations and prejudices, who require an advocate, and have little dependence in the hour of adversity and trial, except on the correct principles, active benevolence, and unshaken integrity of a jury." The introductory chapter of this work, consists of various observations somewhat of a desultory nature on the importance of the institution of juries, which are enforced by references to the horrid instances of tyranny and cruelty practised by despots in different ages. "Muley Ismael, Emperor of Morocco, who reigned two thirds of the last century, was believed never to have eaten his dinner, till he had witnessed the varied execution of half a score of his subjects; and on one occasion, the whole male population of a rebellious province, amounting to two thousand persons, were beheaded before him at one sitting. Nadir Shah Emperor of Persia, in the reign of George II. used to go circuits and administer justice in his tent; always caasing his sentences to be executed in his presence: this tyrant never

passed a day without torturing te death a score of his people, and causing the eyes to be put out of twice as many more; till he had blinded or depopulated half his empire.". From the consideration of former instances of tyranny, the author proceeds to those of modern date, and referring to the horrid prostitution of juries in France, during the cruel despotism of Robespierre, remarks as follows:

of the court.

All the fea

Happily for our glorious institution, this, my countrymen, was a jury not constituted in the English fashion. Some of the leaders in the Revolution had seen our courts of law, and had admired our tice of our system. juries, without understanding the pracFrance had not been subdivided by an Alfred, and no arrangements existed for returning juries in rotation. Instead, therefore, of summoning forty-eight good and lawful men from the body of the department of Paris, and having a fresh jury every week, or on every trial, twelve wretches Paris, and their office of jurymen was were picked up in the political clubs of public prosecutor; like whom they were as permanent as that of the judges and paid for attendance, and identified as an integral part tures of the English jury system are essential to its perfection. Mutilate any one, and it loses part of that which is necessary to its beauty and symmetry. It is alike necessary that juries should be struck by the sheriff; that they be taken from ders in the sheriff's office; that they be the regular annual return of the freehol selected indifferently from the body of the county, and not brought wholly from the same street or village; that they should not be required or allowed to serve oftener than the time prescribed by law, and that, for this purpose, a register should be kept of those who have served; that they be subject to challenge, with or without reason; that grand juries should consist of their proper number, and be men of lank and character; that no criminal suit be commenced, but by presentment; and that the free and uncontrouled verdicts of twelve of a grand jury, and of the like number of the petit jury, should precede legal accountability or punishment.

* **

*

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"In considering the encroachments

on the authority of juries in modern times, one is immediately struck with the frequent practice of setting aside verdicts and granting new trials. A fortune is, in consequence, often expended in seeking justice; and the longest purse, by this means, ensures a certain triumph. Of what avail is our boasted trial by jury, if a dispensing power should thus continue to be assumed, of lightly setting aside verdicts? Causes in this way are prolonged for years, and the verdict of a jury ceases to be the guarantee of property and justice. New trials may sometimes be highly proper; but the restrictions on them ought to be multiplied the grounds for granting them ought to be special and extraordinary-and, whatever be the issue, the party applying for them ought to pay the expence on both sides. Perhaps it might heal the wound in the constitution, in cases where further examination may evidently tend to aid justice, if the original rather than a new jury, were to retry the first verdict at the expence of the applicant. At any rate, the practice, as it now exists, requires to be regulated by legislative interference, not less for the sake of public justice, than to preserve inviolate and sacred the decisions and authority of juries.

"Every grand jury is a convention of free-men, designed to protect the unjustly accused from oppression, and to redress numerous grievances which are within their cognizance. Would to God that all grand jurymen were duly sensible of the importance of this social task -that they were less urgent to finish their labours and more keenly sensible of the pernicicus consequence of finding indictments, the allegations of which are not made out in spirit and letter as well as in fact. They are competent to decide fully and finally on every charge exhibited before them, and they are uncontrouled by any influence besides their oaths, and the honest feelings which they bring from their fire-sides. If criminal informations ex officio, and informations by rule of court, for offences which properly and constitutionally come within the province of a grand jury, were forbidden by act of parliament, and if grand juries, in these particulars, had their ancient authority in such matters restored to them, a boon would be conceded to the people scarcely less valuable than the habeas corpus act, or the late act for explaining the powers of ju

ries in matters of libel. The people would then be truly and substantially protected by their own discretion, and no freeman could be taken or imprisoned but by the lawful judgment of his peers, (M. C. cap. 29); none could be taken by petition or suggestion, unless by indictment of lawful people (25 Edw. III.); nor could any be put to answer without presentment, according to the ancient law of the land (42 Edw. III.)

"If I might be indulged with an opinion relative to other points, in which the barriers of liberty are broken down by occasional assumptions of power, I would quote the unqualified practice of the courts of law, and the houses of parliament, of committing for contempts. Such practices, on due consideration, can scarcely fail to appear to every dispassionate person to be an unnecessary violation of the great charter, and of the salutary statutes just named; and I humbly and most respectfully submit it to those who have it in their power to correct such legal anomalies, that no injury or inconvenience could result from admitting parties to bail, and prosecuting them by indictment. The courts of chancery, king's bench, and exchequer, have prisons within their jurisdiction, to receive their prisoners; but in regard to the houses of parliament, they are so far from having an executive authority, except within their own walls and purlieus, and with regard to their own members, that I humbly conceive no sheriff or gaoler is warranted at present in receiv ing, or justified in detaining, a person committed by the speaker of either house of parliament in his official station.

"The last encroachment on the ancient system of convening and using juries, to which I respectfully call the attention of oracles of law and legislation, is the multiplication of special juries in all kinds of causes, and even in causes in which the crown office prosecutes, although the master of that office is the person appointed to strike those juries. What I have observed, in regard to the false principle on which the juries of the revolutionary tribunal were constituted, applies with nearly equal force to these new-fangled English juries! They nearly always consist of the same men, becoming an integral part of the court, identifying themselves with it in spirit, feeling, and practice; and by their regular at tendance, convert the office of juryman into a place of permanent profit! The