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manic, I believe that the Saxons almost entirely exterminated or expelled the men of British race whom they found in the parts of this country which they conquered. But the same evidence, (both the historical and the philological,) when carefully scrutinised, leads also to the belief that it was only the male part of the British population which was thus swept away, and that, by reason of the unions of the British females with the Saxon warriors, the British element was largely preserved in our nation. I remind my readers that the British, whom the Saxons found here, were mainly Celts.
Besides those Celtic words in the English language which can be proved to be of late introduction, and those which are common to both the Celtic and Germanic tongues, there are certain words which have been retained from the original Celtic of the island. These genuine Celtic words of our language (besides proper names) are rather more than thirty in number. The late Mr. Garnett formed a list of them; and in his opinion the nature of these words showed that the part of the British population which the Saxons did not slay, was reduced into a state of complete bondage, inasmuch as all these words have relation to some inferior employment. Now, if the reader will carefully examine the list, he will see that not only do these Celtic words all apply to inferior employments, but that by far the larger number of them apply to articles of feminine use or to domestic feminine occupations. They are as follows:Basket, barrow, button, bran, clout, crock, crook, gusset, kiln, cock (in cock-boat), dainty, darn, tenter (in tenterhook), fleam, flar, funnel, gyre, griddel (gridiron), gruel, welt, wicket, gown, wire, mesh, mattock, mop, rail, rasher, rug, solder, size (glue), tackle.
This remarkable list of words is precisely what we should expect to find, on the supposition that the conquering Saxons put their male prisoners to the edge of the sword, except a few whom they kept as slaves, but that they took wives to themselves from among the captive daughters of the land. The Saxon master of each household would make his wife and his dependents learn and adopt his language ; but in matters of housewifery and menial drudgery, their proud lord would scorn to interfere, and they would be permitted to employ their own old familiar terms. All the circumstances of the Saxon conquests favour this hypothesis. The Saxons came by sea, and in small squadrons at a time. They came also to fight their way, and were little likely to cumber their keels with women from their own shores. A few Rowenas may have accompanied the invading warriors, but in general they must have found the mothers of their children among the population of the country which they conquered.
This hypothesis also accounts for the difference which undoubtedly exists between ourselves and the modern Germans, both in physical and in mental characteristics. The Englishman preserves the independence of mind, the probity, the steadiness, the domestic virtues, and the love of order which marked his German forefathers; while, from the Celtio element of our nation, we derive a greater degree of energy and enterprise, of versatility and practical readiness, than are to be found in the modern populations of purely Teutonic origin.-Creasy.
TRIAL BY JURY. It is but a few years since an English writer, by proffering a eulogy on trial by jury, would have laid himself open to a remark, like that of the Spartan's to the rhetorician, who volunteered a panegyric on Hercules: “Why, who ever thought of finding fault with Hercules P” But now the fashion has sprung up of sneering at the decisions of jurors; and we continually hear of schemes to transfer the duty of pronouncing on disputed facts from the jurybox to the bench, Juries are, of course, liable to error ; and, when they err, their blunders are made in public, and draw at least a full share of notice; but, on the other hand, we should remember the invariable honesty, and the almost invariable patience, with which juries address
themselves to their duty. No spectacle is more markworthy than that which our common-law courts continually offer, of the unflagging attention and resolute determination to act fairly and do their best, which is shown by jurors, though wearied by the length of trials, which are frequently rendered more and more wearisome by needless cross-examinations and unduly prolix oratory. The juries of our agricultural districts, with a good share of smockfrocks in the jury-box, (the constant object of the small whispered wit of pert professionals,) deserve to be studied as proofs of how much worth is veiled in low estate in England, which trial by jury calls into action. The thoughtful observer of their enduring zeal in the unpaid discharge of a burdensome function, must reverence, from the very depth of his heart, the twelve plain, good, and lawful men before him; “the sturdy, honest, unlettered jurors, who derive no dignity but from the performance of their duties." Such generous fulness and fairness in hearing and thinking before deciding are not found in any other tribunal. Another inestimable advantage peculiar to jury trial is, that it is not known beforehand who will be the jurors in any particular case; so that there is no time given for the work of corruption. It is hardly known, even at the trial, who the individual jurors are; and when the trial is over, the members of the jury are dispersed and lost sight of amid the mass of the community. Hence they are, while acting, exempt from all bias of fear, and from all selfish motive to favour. And not only are they peculiarly free from all evil influences upon their integrity, but they are free from the suspicion of being so influenced. The people have full confidence in their honesty. The same amount of confidence (whether deserved or not) would not be accorded to permanent paid officials: and there is truth in the seeming paradox of Bentham, that it is even more important that the administration of justice should be believed to be pure, than that it should actually be so. Nor are the errors of judgment which juries fall into by any means so numerous as the impugners of the system assert. The jury generally know what they are about much better than their critics do. " Twelve men conversant with life, and practised in those feelings which mark the common and necessary intercourse between man and man,” are far more likely to discriminate correctly between lying and truth-telling tongues, between bad and good memories, and to come to a sound, common-sense conclusion about disputed facts, than any single intellect is, especially if that single intellect has been “narrowed, though sharpened,” by the practice of the profession of the law.
I would also gladly draw attention to another eminent merit of our system of trial by jury, as compared with the system of trial of law and fact by a single person. Our method of trial gives peculiar guarantees that all who take part in deciding a cause, both the Judge and the jury, will exercise their best powers of attending and of reasoning, and will not give way to hasty impressions. According to our system, the Judge, at the close of a case, sums up the evidence to the jury; and, if he expresses opinions of his own on matters of fact for their consideration, he tells them not only what he thinks, but also why he thinks it. He is, therefore, obliged to take careful notes throughout the trial, and to reason out in his own mind the whole of the case. But, if he had to try the cause, and pronounce in favour of one of the parties, without the intervention of a jury, he would be under no such necessity. He might give way to laziness, and summarily make up his mind in accordance with the bias for or against one party, which is so apt to arise in our minds early in a trial, but which is also so often, as the trial proceeds, proved to be erroneous. Our system gives safeguards of a similar nature against hasty conclusions and imperfect observations on the part of the jury. Each juror knows it is not by him alone, but by him and his eleven fellow-jurors conjointly, that the verdict is to be given. Each juror, therefore, knows that, if any of the eleven differ from him in opinion at the end of the case, they must argue the matter out among them. Each juror, therefore, watches the entire progress of the trial with his reasoning faculties intent on every part of
each litigant's case, and thus prepares himself for a full and fair discussion and judgment of the whole.--Creasy.
A SOLDIER'S TRUST. To exhibit the most daring bravery in the field; to meet with an eye that quails not, and a will that falters not, the onset of the enemy; to grapple manfully with an array of difficulties; to make play against superior numbers, a wily foe, an exposed position; to dash onwards and make light of all obstacles amid the tumult and excitement of battle, is no light praise. But to endure; to endure while there is everything to depress, and nothing to cheer; to endure, while all around says, “Yield and despair;" to endure, and hold fast one's integrity; to endure, while there is nothing externally to support one's resolve; to endure, and cling to hope ; to endure, and firmly to remember Him who has proclaimed Himself to be the God of hope, is a still nobler display of human forbearance, and faith, and fortitude. In the one case, the man is stimulated by the applause and co-operation of his fellows; in the other, he is thrown inward
himself. A noble instance of endurance is presented us in the life of Sir David Baird.
The early part of his career was passed in India; and while Captain in the 73d Highlanders, he had, at Perambaukum, with a mere handful of men, to sustain the combined attack of Hyder Ali and his son Tippoo. How severe was the onslaught, and how decidedly the fortune of war was against him, may be gathered from the fact that, while pressed by the foe, two of their (the British) tumbrils exploded, and in an instant they were deprived of their ammunition and the services of all their artillery.
The slaughter of the British began to be tremendous as the enemy closed in upon them on every side.
At length the case became hopeless, and Colonel Baillie, the Commandant, seeing that further resistance was vain, tied his handkerchief on his sword as a flag of truce, and
VOL. XVIII. Second Series,