The Censor knitting his brows into a frown, and looking very sternly upon the jury, after a little pause, gave them to know, that this court was erected for the finding out of penalties suitable to offences, and to restrain the outrages of private justice; and that he expected they should moderate their verdict. The jury therefore retired, and being willing to comply with the advices of the Censor, after an hour's consultation, declared their opinion as follows:
"That in consideration this was Peter Plumb's first offence, and that there did not appear any malice prepense in it, as also that he lived in good reputation among his neighbours, and that his taking the wall was only se defendendo, the prosecutor should let him escape with life, and content himself with the slitting of his nose, and the cutting off both his ears."
Mr. Bickerstaff smiling upon the court, told them, that he thought the punishment, even under its present mitigation, too severe; and that such penalties might be of ill consequence in a trading nation. He therefore pronounced sentence against the criminal in the following manner: that his hat, which was the instrument of offence, should be forfeited to the court; that the criminal should go to the warehouse from whence he came, and thence, as occasion should require, proceed to the Exchange, or Garraway's Coffee-house, in what manner he pleased; but that neither he nor any of the family of the Plumbs should hereafter appear in the streets of London out of their coaches, that so the footway might be left open and undisturbed for their betters.
Dathan, a peddling Jew, and T.R., a Welshman, were indicted by the keeper of an alehouse in Westminster, for breaking the peace and two earthen mugs, in a dispute about the antiquity of their families, to the great detriment of the house, and disturbance of the whole neighbourhood. Dathan said for himself, that he was provoked to it by the Welshman, who pretended that the Welsh were an ancienter people than the Jews; "whereas," says he, "I can show by this genealogy in my hand, that I am the son of Meshec, that was the son of Naboth, that was the son of Shalem, that was the son of——" The Welshman here interrupted him, and told him that he could produce shennalogy as well as himself; for that he was John ap Rice, ap Shenkin, ap Shones. He then turned himself to the Censor, and told him in the same broken accent, and with much warmth, that the Jew would needs uphold that King Cadwallader was younger than Issachar. Mr. Bickerstaff seemed very much inclined to give sentence against Dathan, as being a Jew, but finding reasons, by some expressions which the Welshman let fall in asserting the antiquity of his family, to suspect that the said Welshman was a Pre-Adamite,[213] he suffered the jury to go out without any previous admonition. After some time they returned, and gave their verdict, that it appearing the persons at the bar did neither of them wear a sword, and that consequently they had no right to quarrel upon a point of honour: to prevent such frivolous appeals for the future, they should both of them be tossed in the same blanket, and there adjust the superiority as they could agree it between themselves. The Censor confirmed the verdict.
Richard Newman was indicted by Major Punto, for having used the words, "Perhaps it may be so," in a dispute with the said Major. The Major urged, that the word "perhaps" was questioning his veracity, and that it was an indirect manner of giving him the lie. Richard Newman had nothing more to say for himself, than that he intended no such thing, and threw himself upon the mercy of the court. The jury brought in their verdict special.
Mr. Bickerstaff stood up, and after having cast his eyes over the whole assembly, hem'd thrice. He then acquainted them, that he had laid down a rule to himself, which he was resolved never to depart from, and which, as he conceived, would very much conduce to the shortening the business of the court; "I mean," says he, "never to allow of the lie being given by construction, implication, or induction, but by the sole use of the word itself." He then proceeded to show the great mischiefs that had arisen to the English nation from that pernicious monosyllable; that it had bred the most fatal quarrels between the dearest friends; that it had frequently thinned the Guards, and made great havoc in the army; that it had sometimes weakened the city trained-bands; and, in a word, had destroyed many of the bravest men in the isle of Great Britain. For the prevention of which evils for the future, he instructed the jury to present the word itself as a nuisance in the English tongue; and further promised them, that he would, upon such their presentment, publish an edict of the court for the entire banishment and exclusion of it out of the discourses and conversation of all civil societies.
"This is a true copy.—Charles Lillie."
Monday next is set apart for the trial of several female causes.
N.B.—The case of the hassock will come on between the hours of nine and ten.[214]