that any advocate can be permitted to say that he will, or will not, stand between the Crown and the subject arraigned in the court where he daily sits to practice, from that moment the liberties of England are at an end." Impeachments had been expressly excepted from the statute of William III., and therefore counsel were denied to Lords Winton and Lovat, the latter of whom, broken by the weight of 80 years, was too feeble to struggle even for his life. It is significant that Sir William Yonge, who was the leader of their impeachment, intro duced into the House of Commons a bill that in 1747 became known as 20th George III., correcting this abuse. It was not, however, until 1836 that the last remnants of this barbarism were swept away. The 6th and 7th William IV., chapter 114, en acted that all persons tried for felony should be admitted to make their defense by coun sel or attorney. Enough has been displayed in this paper to satisfy the American lawyer of the value of the Sixth Amendment to the Constitu tion of the United States, adopted in the year 1790, which provides, among other things, that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and District wherein the crime shall have been committed, . . . and to have the assistance of counsel for his defense." Having considered some of the rules of practice relating to criminal trials, and the method of procedure, in a subsequent paper we will turn to the crimes theniselves and
their punishments, in order to form an adequate idea of the nature of the English criminal code. Note : — Since writing the foregoing paper, the author has come into possession of a most interesting original document, which shows that even in cases of misdemeanor King's counsel required a royal license to defend prisoners charged with crimes of the grade of misdemeanors. The document is signed by George IV. and by Sir Robert Peel, and is addressed to the cele brated James Scarlett, afterward Lord Abinger. It reads as follows : — "Wherasthe Committees of The Earl Cadogan, have by their Petition humbly represented unto us, that an Indictment hath been preferred against the said Earl and Sarah D'Oyly, (since deceased) for certain Misdemeanors. That they are desirous of advising thereon on behalf of the said Earl with James Scarlett, Esquire, one of Our Counsel learned in the Law, and that the said James Scarlett should defend the said Indictment for the said Earl; but for as much as he cannot Plead for the said Earl without Our License, The Petitioners therefore humbly pray that We will be graciously pleased to grant Our Royal License for the said James Scarlett, Esqre., to be of Counsel for the said Earl on the Trial of the said Indictment. We being graciously pleased to condescend to the Petitioners' request, do accord ingly dispense with the said James Scarlett, Esqre., and grant him Our Royal License and authority to be of Counsel for the said Earl as often as there shall be Occasion. "Given at Our Court at Carlton House the twentyfirst day of June 1822 in the Third Year of our Reign." By His Majesty's Command Ron. Peel. George, R. One Pound Ten Shillings Stamp.
Endorsed: James Scarlett, Esqre., Licence to Plead.
