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Updated: June 3, 2025
Though he had hitherto taken no care of the concerns of his soul, he had a large fund of superstition at bottom; and, when the surgeon, who examined his wound, declared it was mortal, all the terrors of futurity took hold on his imagination, all the misdemeanours of his life presented themselves in aggravated colours to his recollection.
His turn came when the exultant couple, charged with having made themselves dirty in the shortest time on record, were deprived of their breakfast. Mr. Vickers, having committed one or two minor misdemeanours unchallenged, attributed his daughter's condition to love, and began to speak of that passion with more indulgence than he had done since his marriage.
It is said that this Master Bernal was the beginning of the treason. He was taken and accused of many misdemeanours, for each one of which he deserved to be quartered. At the request of your uncle and of others he was pardoned, on condition that if he ever said the least word against me and my state the pardon should be revoked and he should be under condemnation.
The accused must also be examined, but not upon oath; and his examination also must be taken down in writing, and may be given in evidence against him at the trial; for although the maxim of the common law is "nemo tenebitur prodere seipsum," the legislature, as long ago as the year 1555, directed that, in cases of felony, the examination of the prisoner should be taken; which provision has recently been extended to misdemeanours also.
The Tories answered that they had been only too moderate, only too merciful; that they had used the Speaker's warrant and the power of tacking only too sparingly; and that, if they ever again had a majority, the three Whig leaders who now imagined themselves secure should be impeached, not for high misdemeanours, but for high treason.
IV. And whereas an Act was passed in the forty-third year of King George the Third, entitled "An Act for extending the jurisdiction of the courts of justice in the Provinces of Lower and Upper Canada to the trial and punishment of persons guilty of crimes and offences within certain parts of North America adjoining to the said Provinces:" And whereas by an Act passed in the second year of King George the Fourth, entitled "An Act for regulating the fur trade, and establishing a criminal and civil jurisdiction, within certain parts of North America," it was enacted, that from and after the passing of that Act the courts of judicature then existing or which might be thereafter established in the Province of Upper Canada, should have the same civil jurisdiction, power, and authority, within the Indian territories and other parts of America not within the limits of either of the Provinces of Lower or Upper Canada or any civil government of the United States, as the said courts had or were invested with within the limits of the said Provinces of Upper or Lower Canada respectively, and that every contract, agreement, debt liability, and demand made, entered into, incurred, or arising within the said Indian territories and other parts of America, and every wrong and injury to the person or to property committed or done within the same, should be, and be deemed to be, of the same nature, and be cognisable, and be tried in the same manner, and subject to the same consequences in all respects, as if the same had been made, entered into, incurred, arisen, committed, or done within the said Province of Upper Canada; and in the same Acts are contained provisions for giving force, authority, and effect within the said Indian territories and other parts of America to the process and acts of the said Courts of Upper Canada; and it was thereby also enacted, that it should be lawful for His Majesty, if he should deem it convenient so to do, to issue a commission, or commissions, to any person or persons to be and act as justices of the peace within such parts of America as aforesaid, as well within any territories theretofore granted to the company of adventurers of England trading to the Hudson's Bay as within the Indian territories of such other parts of America as aforesaid; and it was further enacted, that it should be lawful for His Majesty, from time to time, by any commission under the great seal, to authorise and empower any such persons so appointed justices of the peace as aforesaid to sit and hold courts of record for the trial of criminal offences and misdemeanours, and also of civil causes, and it should be lawful for His Majesty to order, direct, and authorise the appointment of proper officers to act in aid of such courts and justices within the jurisdiction assigned to such courts and justices in any such commission, provided that such courts should not try any offender upon any charge or indictment for any felony made the subject of capital punishment, or for any offence, or passing sentence affecting the life of any offender, or adjudge or cause any offender to suffer, capital punishment or transportation, or take cognisance of or try any civil action or suit in which the cause, of such suit or action should exceed in value the amount or sum of two hundred pounds, and in every case of any offence subjecting the person committing the same to capital punishment or transportation, the court, or any judge of any such court, or any justice or justices of the peace before whom any such offender should be brought, should commit such offender to safe custody, and cause such offender to be sent in such custody for trial in the court of the Province of Upper Canada.
Among other misdemeanours, it is almost certain the evidence is not quite conclusive that he committed forgery in order to support a false oath. Frederick was furious, and for a moment was on the brink of dismissing Voltaire from Berlin. He would have been wise if he had done so. But he could not part with his beau génie so soon.
The remainder, not more than half of the original two hundred and seventy-eight, were stripped to their shirts, had halters hung round their necks, and then, roped together as before, were driven through the streets to Westminster, where the King sat enthroned. There, looking utterly miserable, they fell on their knees before him, and received his pardon for their misdemeanours.
For instance, he once fined a woman for lampooning him, but caused the money to be given to her children. Though often unfair in argument, he was by nature neither mean nor petty. In ordinary circumstances he remembered noblesse oblige, and though boastfulness may have been among his failings, he had a love of greatness which preserved him from sordid misdemeanours.
Be this as it may, still it is true that the two sources I have mentioned namely, the sensational news in the papers and the distresses and misdemeanours in the village itself supply practically all that the average cottager gets to touch his sentiments and emotions into life; and it is plain enough that from neither of these sources, even when supplemented by a fine traditional family life, can a very desirable spiritual nourishment be obtained.
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