Extracts from a Lawyer’s Portfolio
[by Anna Jane Vardill]
From the European Magazine, for June, 1818
No parts of our laws implies a more becoming consciousness of human judgement’s fallibility, than the cautions and deliberate procedure required in ascertaining mental disease, and surrendering a supposed lunatic to the custody of his kindred. A remarkable instance of this kind fell under my own observation. —I was on my way to visit an uncle resident on the remotest coast of Cornwall, and believed myself very near my journey’s end, when the stage-coach driver admitted a stranger to fill a seat which had been vacated. The other three passengers were busily engaged in a discussion on lawful and unlawful duels, and referring occasionally to a pamphlet printed in 1632, on occasion of the Battle awarded in the preceding year in the Court of Chivalry on an Appeal of Treason by Lord Rea against Mr. Ramsay. Then followed an attempt to trace the Writ of Appeal and Wager of Battle from the practice of Turkey, and its prevalence in England till the third year of Henry VII. But our new companion, whose dress was very little superior to a disbanded seaman, suddenly joined the conversation: “Gentlemen,” he began, in a stern voice, “modern philosophers never read, therefore they are always making discoveries—Did Blackstone see any barbarity in this mode of satisfying justice, or did the Archbishop of Toledo disdain to witness such a combat in the most religious court of Europe?”—This extraordinary combination of authorities made one of the party smile, though his professional petulance was stirred by the implied comparison between our English oracle and an old Spanish… Read More