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missed of him on board; but had information given them, that he was hard by, at a little peddling ale-house, where accordingly they found him, being the sign of the Red-cow, in Anchor and Hope Alley, near King Edward's Stairs, from whence they immediately hurried him in a coach, guarded with several blunderbusses, to the Lord Mayor's, where the crowd was so great, and the rabble so numerous, all crying out together, ' vengeance, justice, justice!' that the Lord Mayor was forced to come out into his balcony, and, with his hat in his hand, desired the people to go away, and keep the peace; and did promise them, that he had already sent to the Lords of the Council about the matter, and that they should have justice done them; and that, in the mean time, their prisoner should be safely guarded: whereupon the people withdrew, and soon after my Lord, under a strong guard, was sent to the Lords of the Council, who committed him to the Tower, where he continued to the 18th of April, 1689, when he was freed by death from his earthly confinement. He had for some years before been subject to terrible fits of the stone, which, in all probability, now accelerated his death, though others gave out, that he abandoned himself to drinking, thinking to support his sinking spirits by it, and that it helped forward to put a period to his life. He was buried privately in the Tower the Sunday

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night following, by an order his relations got from King William.' (Lives of the Chancellors, vol. i. p. 185.)

NELSON'S LUTWYCH.

In the year 1718, an abridgment and translation of the Cases in Lutwych was published by a person of the name of Nelson, whose labours are noticed by Mr. Viner, in the Preface to the 18th volume of his Abridgment, in the following commendatory manner : "For besides these, there are many other grievances, among which may be reckoned such books as Nelson's Lutwych,-a book which deserved public censure at least, as being a reproach and dishonour to the profession, and rather adapted to Billingsgate than Westminster Hall. What notion will any foreigner entertain of our law to see a volume thereof stuffed with such ungentlemanlike language, and to meet with such ridiculous and scoundrel titles as Law Quibbles,' &c. to see skeleton treatises on some particular head very imperfectly done, with the help of a number of idle precedents, swelled up into a thick volume."

In fact, Mr. Nelson performed his task in a very flippant style, treating the learned Lutwych with great irreverence. Thus, we find such remarks as the following: "But now the Sergeant is come to the digressive part of his Report,

where he observes that which neither the Court nor Counsel could see, &c. This objection was made by him on purpose to shew his readiness in answering it."-So again, "This is only a hearsay report, which the Sergeant had ex relatione of his brother Girdler, which, for ought I know, may be as good authority as Justice Warburton's old manuscript; only I must observe, that if I tell a long and impertinent story what another man told me, it will not be allowed as evidence to a com→ mon jury, but it may serve to prolong the time, and so may this to enlarge the book." Another specimen of Mr. Nelson's style of annotation will be sufficient. "The Sergeant tells us, This case is reported by Sir J. Savil, and that the record was now printed to correct a mistake in that report, where 'tis said, there were two disturbances alleged, &c. but certainly this could not be any reason for publishing this record, for after one hundred and fifteen years, when this case happened, it cannot be material to inform the world that there was but one disturbance set forth in that declaration; there must be some other reason for it, and probably it was to acquaint the reader, (to use the common expression,) how long the Lutwyches have followed the law; for I found John Lutwych was attorney on the record for the defendants, and so he was in 9 Jac. (Winch's, Ent.

fo. 9.") After this, the reader need not be warned against buying Nelson's Lutwych.

A LONDON JURY; HANG HALF, AND SAVE HALF,

"Some affirm this of an Essex, others of a Middlesex Jury; and my charity believes it equally true, that is, equally untrue, of all three. What gave first occasion to this libelling proverb I know not. This I know, reports of this nature, like round bodies down precipices, once moved move themselves; and a mouse may stir what a man cannot stay in this kind. The best is, though none can hinder a slanderer from speaking, they may hinder them from speaking the truth.

"This proverb would fain suggest to credulous people, as if Londoners, frequently impannelled on juries, and loaded with multiplicity of matters, aim more at dispatch than justice; and, to make quick riddance, (though no haste to hang true men,) acquit half, and condemn half. Thus they divide themselves in æquilibrio between justice and mercy, though it were meet the latter should have the more advantage, and the beam break on the pitiful side. Others extend this proverb also to their arbitrations betwixt party and party; as if not minding the merits of the cause, they cleave the thing controverted into equal moieties between plaintiff and defendant.

"The falseness of these suggestions will ap

pear to such who, by perusing history, dó discover the London Jurors most conscientious in proceeding secundum allegata et probata, always inclining to the merciful side in saving life, when they can find any cause or colour for the same; and amongst many thousands take two most memorable instances.

"The first, Sir Nicholas Throgmorton, who, on the 17th of April, 1554, was (in the reign of Queen Mary,) arraigned for High Treason in Guildhall, before Sir Thomas White, Lord Maior, the Earls of Shrewsbury and Derby, Sir Thomas Bromley, Lord Chief Justicé, &c. Mr. Edward Griffin, the Attorney General, pressed the pri soner very sorely for his correspondence with the Carews in the West, and his being privy to the rising of Sir Thomas Wyat. Sir Nicholas pleaded many hours for himself, no lesse stoutely than wisely, yet with due submission to the Court, till at last his Jury passed upon him; whose names, ad perpetuam rei memoriam, are here inserted:

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"These acquitted the prisoner; and, though much menaced by the Court, stood stoutely to their verdict, for which they were all imprisoned, five of them fined, and paid 2601. a piece, the rest

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