questioned if many sermons of greater pretensions, have not
been less humane and effectual; and this was often the sole substitute
for public worship.]
[Footnote 129: These statements are taken from the official papers of
the mission.]
[Footnote 130: The Rev. Mr. Mansfield continued until 1825. Under his
care the institutions peculiar to the wesleyans were fully established:
their _love feasts_, in which they relate the rise and progress of their
religious experience; their _watch nights_, when they wait in silent
prayer for the first moment of the new year; their _covenant_, in which
standing up together they pledge themselves to the service of the
Almighty.]
[Footnote 131: _Godwin's Guide to Van Diemen's Land._]
[Footnote 132: _Bigge's Report._]
[Footnote 133: Ibid.]
[Footnote 134: _Gazette_, February, 1819.]
[Footnote 135: Eye-witness.]
[Footnote 136: Mr. Fitzgerald, a respectable settler, speared by the
natives (1831), was carried to his grave by his neighbours; but was
indebted to a prisoner, sought out for the purpose, for the religious
rites usual at funerals.]
SECTION IX.
On the 19th July, 1823, the British legislature enacted a law for the
"better administration of justice in New South Wales and Van Diemen's
Land, and for the better government thereof;" to expire at the close of
the session of parliament, 1827. The old courts with their military
functionaries were superseded,[137] and a supreme court erected; whose
jurisdiction extended to causes, criminal, civil, and ecclesiastical.
The judges were entitled to the powers and jurisdiction enjoyed by the
courts of King's Bench, Common Pleas, and Exchequer of England; and to
enquire into and determine all treasons or other crimes committed within
the Indian or Pacific Oceans. The military jury of seven officers on
full pay, were retained; but the court proceeded according to the forms
of civil tribunals. The trial of civil issues was confided to the judge,
and two justices of the peace chosen by the governor; the right being
given to either party to apply to the court for a jury of twelve
freeholders. The king was authorised to extend trial by jury at
pleasure. Causes of more than L500, or a less sum with consent of the
judge, were subject to appeal to the governor of New South Wales; and
appeals in certain cases were allowed to the king in council. The rules
of court were authorised by the king. Courts of quarter session, and of
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