KELTON, in 1598, thus fatirizes Cardinal Foes to ourfelves, and rebels to our God! S Wolfey: He is set so hye In his ierarchye, Of frantike frenesy, And folith fantasy, That in chamber of ftars* He faith-How fay ye, my lords? Hath fo his hart in hold, &c. For the Anthologia Hibernica. The Young Student's So'iloquy.——In Imitation of O learn-or, not to learn :-that is the Tquestion. Whether 'tis in the mind, to suffer To guilt, to thame, to death, to endless pain, That makes us fix our firm refolve to pray,-- The will controul'd, all fond indulgence loft, Of hardships, labour, and the painful tasks midnight pomp, in Tamor's fairy hall, The frowns and stripes of an imperious mafter; I (Her white pole for a man's fa pall Or take up heels against this fea of troubles, For, through this flight, what dread effects may When we have fhuffled off this learned coil, Exchang'd) the Queen of Eir in fat, Riding on the whirlwind's plume, And loud Mifrule, and Scorn of Law O, fling your fpells, ye fylphid train! O'er the land and o'er the main ! Concord, on your Halcyon car, Go, and meet the coming war, The winged tempeft, charg'd with fate, And the defcending bolt withstand. The ARTS their lov'd protectress own, preme In might! omnific! high enthron'd and fole The fullness of thy glory; th' amplitude The wretch in Thee a certain refuge finds : Epifcopal, and pharifaical pride; of Of mind is the diftinction fole; and Thou han tinie, extended beyond space. Altho' This wreck terrific of conflicting worlds, Stands, undisturb'd, the good man's fount of ftrength, His rock uufhook, immov'd his tow'r remains, The rage and overthrow of worlds: for Thou, Thou art the fountain of his ftrength, his rock, His tow'r and fhield, his panoply divine! Thine image, tational, of pow'r to trace The flaming comets, and thefe ftrangers hail! How paffing computation, then! how vaft! Of retribution are the favours Thou Shall I be mute, while nature, in thy praife, May 1793. And meditation in the depth of night. FOREIGN NE W S. PARI S. New Plan of a Conftitution for France. TITLE IX.. OF NATIONAL CONVENTIONS. (Concluded from p. 317.) XIII. If it be rejected, the national convention fhall be fully diffolved; and the legislative body fall imine bately confult the primary affemblies, to know whether it be neceffary to call a new convention. XIV. The members of the convention can neither be attached, accufed, nor tried, at any time, for any thing they may have faid or written, in the exercife of their functions; nor can they be put upon their trial in any cafe, except by a decifion of the convention itself. XV. Immediately after its affembling, the convention may regulate the order and progreffier of its labours, as it fhall think convenient; but its fittings fhall always be held in public. pede nor fufpend, the execution of the laws; they fhall have no power over the functions of administration, nor cite adminiftrators before them on affairs that relate to their functions. VII. Judges fhall be deprived of their offices only in confequence of forfeiture legally pronounced; nor shall they be fufpended, except for an accufation that has been admitted. SECTION II. OF CIVIL JUSTICE. 1. The right of citizens, to terminate definitively their difputes by the means of volunby the acts of the legislative power. tary arbitration, can receive no infringement II. There fhall be in every commune one judge of the peace. III. The judges of peace fpecially charged to conciliate the parties; and in cafe they thall not fucceed, to pronounce definitively, and without expence, on their difputes; they fhail be renewed every year, but they may be reelected. IV. The number and competency of the judges of peace thall be determined by the legiflative body- Nevertheless judges of peace cannot take cognizance of property and criminal matters, nor exercife any function of police, or of administration. V. The justice rendered by a judge of peace, can never be considered as a part of litigated juftice (juftice contentieufe). VI. In all difputes (other than fuch as are 1. There fhall be one civil and criminal code, within the jurisdiction of the juftice of peace) common to the whole republic. II. Juftice fhail be admmiftered in public, by jurors and jud es. III. The judges fhall be periodically elected, and paid by the republic. IV. They fhall be renewed at no periods except at thofe regulated by the conftitutional act. V. Judicial functions cannot in any cafe, or under any pretext, he exercised by the legiflative body, nor by the executive council; nor by the adminiftrative and municipal bo dies. VI. Courts of law and judges fhall not interfere in the exercife of the legiflative power; they shall neither interpret nor extend, im the citizens fhall be bound to fubmit in the fint place to arbitrators chofen by them. VII. In case of an appeal against the decifions rendered by the arbitrators, in virtue of the preceding article, the citizens thall profecute their fuit before the civil jury. VIII. There shall be, in cach department, ont civil jury only: it fhall be composed of a director of the jury, of a public reporter, of a national. commiffioner, and of jurymen.The number of thefe officers of jury may be augmented by the legislative body, according to the wants of the departments., IX. The table of the civil jury of each department fhall be formed in the following manner ;. ift. The X. All the refident citizens in each departinent shall be eligible by each primary affembly. XI. Each primary affembly fhall fend to the administration of the departa ent, the aft of the citizens who have obtained the greateft number of votes for the double fet of jurymen that they have to nominate; and the adminiftration, after having formed the table of jurors, fhall be bound to tranfinit them, without delay, to the director of the jury. XII. Every citizen who fhall have been infcribed twice on the table of jurymen, fhall not be bound to exercife anew the functions. XIII. The choice of jurymen fhall be made from the gentral roll of the department, by the parties. In cafe of refufal, this choice fhall be made by the director of the jury, for the parties who refufe.- -In cafe of abfence, this choice fhall be made by the national commiffioners, for the parties abfent and not reprefented. XIV. The director, the reporter, the national commiffioner, and their fuppleans, fhall be immediately named by the primary affemblies of the department, in the forms, and according to the mode, prefcribed for nominations. They fhall be nominated for two years, and they may be reelected. XV. The principal functions of the director of the jury fhall be to direct the procedure; that of the reporter, to make an expofition of the matter at iffue before the jury; and that of the national commiffioners thall be---1. To require and to fuperintend the due obfervance of the forms of the laws in the judgments to be rendered, and to caufe thefe judgments to be executed ---2. To defend ideots, interdicted perfons, abfent perfons, wards, paupers, minors, and widows. SECTION Пi. OF CRIMINAL JUSTICE. I. The punishment of death is abolished for all private offences. II. The right of granting pardon would be no other than the right of violating the law; it cannot exist in a free government where the law is equal for all. III. In criminal matters, no citizen can be judged but by juries, and the punishment fhall be applied by the criminal tribunals. IV. A firft jury fhall declare if the accufation ought to be admitted or rejected. The fact fhall be tried and declared by the fecond jury. V. The perfon accufed fhall have the power to reject, without affigning his motives, the number of jurymen that shall be determined by the law. VI. The jurymen who declare on the fact, cannot in any cafe be more in number than twelve. VII. The perfon accufed may chufe a council; if he does not chufe one, the tribunal fhall nominate one for him. VIII. No perfon acquitted by a legal jury can be again apprehended, or accufed on account of the fime fact. IX. There shall be in each criminal tribunal a president, two judges, and a public accufer, elected by the people for two years. They may be re-cle&ed. X. The functions of the public accufer hall be, to denounce to the director of the jury, either officially, or in confequence of orders given them by the legislative council, or by the legislative body 1. Attacks on the perfonal liberties of citizens. 2. Attacks on the rights of nations. 3. Refistance to the execution of judgments, and of all the executive acts iffuing from the conftituted authorities. 4. Troubles occafioned, and violences com. mitted, to interrupt the collection of the revenues, and the free circulation of provifions and other merchandize. 5. To require, during the courfe of trial, due regularity of forms, and, before the paffing of judgment, the duc application of the law. 6. To purfue the oncrders on the acts of accufation admitted by the firft juries. 7. To watch over all the o2 cers of police in the department, which he thall be bound to admonith in cafe of negligence; and to denounce, in cafes of a graver nature, to the criminal tribunal. SECTION IV. OF JUDICIAL CENSORS. 1. There fhall be judicial cenfors who shall go, at fixed periods, to pronounce, in each chief place of the department of the arrondiffement which thall be fixed upon for this purpofe IA. On the question in appeal against the judgments rendered by the criminal tribunals and the civil juries. 2. On the questions tranfinitted from one tribunal to another, on account of legitimate fufpicion. 3. On the regulations of the judges, and on (prifes à partie) actions brought by a party against the judge. They fhall annul the judgments in which the forms fhall have been vitiated, or which fhall contain an exprefs contravention to the law. II. The cenfors fhall be nominated for two years. They fhall be elected in the primary affemblies of each department, in the form eftablifhed for individual nominations. 3 E 2 III. They |