when
he is asked how he will be tried, answers, "By God and my country:"
this led to an account of the old absurd fire and water ordeals, and
thence the advantages of a trial by jury became more apparent by
comparison. Mr. ---- told S---- why it is called _empannelling_ a
jury, and why the jury are called a _pannel_; the manner in which the
jury give their verdict; the duty of the judge, to sum up the
evidence, to explain the law to the jury. "The judge is, by the
humane laws of England, always supposed to be the protector of the
accused; and now, S----, we are come round to your question; the judge
cannot make the punishment more severe; but when the punishment is
fine or imprisonment, the quantity or duration of the punishment is
left to his judgment. The king may remit the punishment entirely; he
may pardon the criminal; he may, if a man be sentenced to be hanged,
give him his choice, whether he will be hanged or _transported_"--(the
word was explained.)

"But," said S----, "since the judge cannot _change_ the punishment,
why may the king? I think it is very unjust that the king should have
such a power, because, if he changes the punishment for one thing, why
mayn't he for another and another, and so on?"

Mr. ----. "I am inclined to believe, my dear S----, that it is for the
good of a state, that a king should have such a power; but I am not
sure. If any individual should have this power, I think it is most
safely trusted to a king; because, as he has no connection with the
individuals who are tried, as he does not live amongst them, he is not
so liable as judges and jurymen might be to be prejudiced, to be
influenced by personal revenge, friendship, or pity. When he pardons,
he is supposed to pardon without any personal motives. But of all
this, S----, you will judge for yourself, when you study the law. I
intend to take you with me to ---- next assizes to hear a trial."

S---- looked full as eager to hear a trial, as he had done, half an
hour before, to act a play. We should mention, that in the little play
in which he had acted, he had played the part of a justice of the
peace, and a sort of trial formed the business of the play; the ideas
of trials and law, therefore, joined readily with his former train of
thought. Much of the success of education, depends upon the
preceptor's seizing these slight connections. It is scarcely possible
to explain this fully in writing.

(February 25th, 1797.) S---- was rea