Category — Law

Saturday, September 23. 1704.

Numb. 58.

THE State of the Case between Emperor and the Hungarians, was by the last Review, brought to this; That the Germans, tho’ they were brought in to Assist them against the Turks, have Opprest them so much, and Treated them so Barbarously, that they now desire rather to submit to the Turk than to the German; and that they ought to have their Liberty.

I confess ’tis pity they that would be Slaves, should not be Gratifi’d with the Advantage of that Happy Condition; especially when they are brought so low, as to chose Turkish Slavery, which of all sorts of Bondage, was ever thought the worst.

But there are a great many Cases, wherein People have not a Right to dispose of themselves; and most of those particulars concur here.

As first; When a Nation that is a Barrier to another, will give it self over the Enemy, it has always been thought justifiable in the other Nation to seize on it by force, to prevent the Neighbourhood of a too powerful Nation: This has been the Case of Flanders, as to England and Holland, who have thought themselves oblig’d on all occasions, to prevent the Flemings falling into the hands of the French. [Read more →]

September 23, 2008   No Comments

Tuesday, May 23. 1704.

Numb. 23.

WE told you in our last, of a Trial at Law, at the Queen’s Bench Bar at Westminster, about a Gentleman’s Assassinating another in the Street, after having twice Challeng’d him, once for himself, once for another Man – and that on a full Tryal, the Assassin was Fin’d 200 Marks, and the other 100 Pounds.

Our Scandalous Club brings a Case before them of another Gentleman, who stabb’d an Honest Man into the Back, as he was going up Stairs.

I have related both these Stories, in Order to compare our Proceedings in such Cases in England, and to shew how much more Justice is to be had in like Cases in France: Not that I would too highly applaud the French Justice, but I should be glad to make an Essay towards an Act of Parliament, for better settling this Matter in our English Laws.

As to Challenging, Assassinating, and the like, the first would have been immediate Death without Mercy, as we have seen in various Instances already, as to Assaulting a Man in the Street with Cane and Sword, endeavouring to force him to fight; I shall not pretend to say what the Court of Honour in France would have awarded in such a Case, but this I can tell, that they have been very severe in like Cases. [Read more →]

May 23, 2008   No Comments

Saturday, May 20. 1704.

Numb. 22.

OUr last Paper observ’d, that in this Evil of Duelling, as in most other Cases, several Essays were made as a Remedy before it was brought to Perfection. Lewis XIII. made as severe Edicts against it, as any body could expect, having every day some Broil or other among his Nobility; and Cardinal Richlieu claims the Honour of making the first Edict of this Nature.

But there were two Deficiencies in all they Attempted upon that Head, which the Present King of France effectually supplyed.

First, Tho’ the Edict was severe enough, the King suffered himself to be prevailed with, by Intercession, to remit the Execution of the Sentence, till he came to be Insulted in his very Pallace Royal, and have Murthers committed, and Duels fought under the very Windows of his Bed-Chamber.

This serv’d to convince the World, that this Evil was too predominant to be Cured with Common Application; that something out of the Ordinary way of Justice, must be done to suppress so uncommon a Mischief. [Read more →]

May 20, 2008   1 Comment

Tuesday, May 16. 1704.

Numb. 21.

THE last Paper insisted upon the Divisions of the Confederacy, being Fatal to their Prosperity, and a Principal Cause of the present Superiority of France, to the rest of Europe.

I presume no body will pretend to call it a false Suggestion, or that it is not too true, that the Confederacy has suffer’d on this Account; If this be not a true Reason, No other can be given, but what will be a Satyr upon the whole Confederacy; since if they were United, and did they Act by Common Concert, it must be Impossible but the French Power, Leagued against by 17 Nations, besides Petty Princes, must, long since, have been reduc’d to Reason.

If then the Divisions of Europe are the Ruin of the Confederacy, they that attempt to Divide them, are accessary to the Destruction of us all, and ought to be Treated accordingly; and there I leave it, to return to the Chain of our Discourse.

I broke off the Articles of the French Authority, over their Subjects, with the Instances of the King’s severe Justice upon Duelling, and the Particulars History and living Testimony give us of the Proceedings in the Courts of Honour. [Read more →]

May 16, 2008   No Comments