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 THE

CRIMINAL JUSTICE
RESTORATIVE JUSTICE

SENTENCE REDUCED

SYSTEM REFUSAL TO A PP AL
BACK TO TRIAL
CAPITAL
PUNISHMENT
E AL
F IL E P PE T ED
INDICT CONVICTION A EC
D J
RE

HABEAS
CRIME
L CORPUS
IA
T R ED
W T APPEAL PRISON TERM COMPLETED
NE R A N
FELONIES
GRAND G
JURY CHARGES
DISMISSED PRISON
GATHER INFORMATION

PARDON &
PRELIMINARY ARRAIGNMENT TRIAL CLEMENCY

SANCTIONS
FAILED
HEARNING

REDUCTION
OF CHARGE
MISDEMEANORS

PAROLE PAROLE
PLEA BARGAIN VIOLATED PAROLE COMPLETED

PRELIMINARY CHARGES
HEARNING DISMISSED

SANCTIONS
REPORTED AND INTERMEDIATE

FAILED
OBSERVED CRIME CHARGES SANCTIONS
DROPPED OR
DISMISSED
ARRAIGNMENT TRIAL CONVICTION PROBATION
UNRESOLVED BAIL OR
CRIME OR
NO ARREST DETENTION
HEARING

OUT OF SYSTEM
INVESTIGATION
CHARGES
DROPPED OR
DISMISSED
RELEASED SENTENCING
WITHOUT
JAIL
INITIAL
PROSECUTION
APPEARANCE
ARREST
RELEASED
WITHOUT
PROSECUTION
PLEA BARGAIN RESTORATIVE
CHARGES FILED JUSTICE
ENTRY INTO THE SYSTEM PROSECUTION AND PRETRIAL SERVICES ADJUDICATION
Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
SENTENCING AND SANCTIONS CORRECTIONS
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.

77367_fep_02_and_03_ptg01_hires.indd 1 19/08/15 9:11 PM

 THE

CRIMINAL JUSTICE
RESTORATIVE JUSTICE

SENTENCE REDUCED

SYSTEM REFUSAL TO A PP AL
BACK TO TRIAL
CAPITAL
PUNISHMENT
E AL
F IL E P PE T ED
INDICT CONVICTION A EC
D J
RE

HABEAS
CRIME
L CORPUS
IA
T R ED
W T APPEAL PRISON TERM COMPLETED
NE R A N
FELONIES
GRAND G
JURY CHARGES
DISMISSED PRISON
GATHER INFORMATION

PARDON &
PRELIMINARY ARRAIGNMENT TRIAL CLEMENCY

SANCTIONS
FAILED
HEARNING

REDUCTION
OF CHARGE
MISDEMEANORS

PAROLE PAROLE
PLEA BARGAIN VIOLATED PAROLE COMPLETED

PRELIMINARY CHARGES
HEARNING DISMISSED

SANCTIONS
REPORTED AND INTERMEDIATE

FAILED
OBSERVED CRIME CHARGES SANCTIONS
DROPPED OR
DISMISSED
ARRAIGNMENT TRIAL CONVICTION PROBATION
UNRESOLVED BAIL OR
CRIME OR
NO ARREST DETENTION
HEARING

OUT OF SYSTEM
INVESTIGATION
CHARGES
DROPPED OR
DISMISSED
RELEASED SENTENCING
WITHOUT
JAIL
INITIAL
PROSECUTION
APPEARANCE
ARREST
RELEASED
WITHOUT
PROSECUTION
PLEA BARGAIN RESTORATIVE
CHARGES FILED JUSTICE
ENTRY INTO THE SYSTEM PROSECUTION AND PRETRIAL SERVICES ADJUDICATION SENTENCING AND SANCTIONS CORRECTIONS
Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.

77367_fep_02_and_03_ptg01_hires.indd 1 19/08/15 9:11 PM

 Criminal Procedure
Law and Practice

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 Criminal Procedure
Law and Practice
T E N T H EDIT ION

Rolando V. del Carmen

Sam Houston State University

Craig Hemmens
Washington State University

Australia • Brazil • Mexico • Singapore • United Kingdom • United States

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 This is an electronic version of the print textbook. Due to electronic rights restrictions,
some third party content may be suppressed. Editorial review has deemed that any suppressed
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 Criminal Procedure: Law and Practice, © 2017, 2015 Cengage Learning
Tenth Edition
WCN: 02-200-203
Rolando V. del Carmen and Craig
Hemmens ALL RIGHTS RESERVED. No part of this work covered by the copyright
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Print Number: 01 Print Year: 2015

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 This book is dedicated to the many graduate and undergraduate
students and law enforcement personnel I have had over the
years from whom I have learned so much.
—Rolando V. del Carmen

This book is dedicated to my wife and colleague,

Mary K. Stohr, and to the many students I have had who have
taught me so much.
—Craig Hemmens

Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 About
Aboutthe
theAuthor
Author

Rolando V. del Carmen is Distinguished Professor of Criminal

Justice (Law) in the College of Criminal Justice, Sam Houston State
University. In August 2007, he was made a Regents Professor, a rare
honor given by the Board of Regents of the Texas State University
System. He received his B.A. and LL.B. (the equivalent of a J.D.)
degrees from Silliman University in the Philippines, a Master of
Comparative Law (M.C.L.) from Southern Methodist University, a
Master of Laws (LL.M.) from the University of California, Berkeley,
and a Doctor of the Science of Law (J.S.D.) from the University of
Illinois in Champaign-Urbana. He has authored numerous books
and articles on law and criminal justice and has lectured nation-
ally and internationally on various law-related topics. A recipient
of many national and state awards, he has the distinction of having
received all three major awards given by the Academy of Criminal
Justice Sciences (ACJS): the Academy Fellow Award (1990), the
Bruce Smith Award (1997), and the Founder’s Award (2005). He has
taught numerous graduate and undergraduate classes in law and
has been a mentor and friend to many of his students.

Craig Hemmens is Chair and Professor in the Department of

Criminal Justice & Criminology at Washington State University. He
holds a J.D. from North Carolina Central University School of Law
and a Ph.D. in Criminal Justice from Sam Houston State University.
He previously served as Department Head and Professor in the
Department of Criminology and Criminal Justice at Missouri State
University, and as Academic Director of the Paralegal Studies
Program, Chair of the Department of Criminal Justice, and Director
of the Honors College at Boise State University. Professor Hemmens
has published 20 books and more than 200 articles and other writ-
ings. His primary research interest is criminal procedure. He has
served as the editor of the Journal of Criminal Justice Education and on
the editorial board of the Journal of Criminal Justice Education, Criminal
Justice Review, the Prison Journal, Criminal Justice Policy Review, and
Criminal Justice Studies. His publications have appeared in Justice
Quarterly, the Journal of Criminal Justice, Crime and Delinquency, the
Criminal Law Bulletin, and the Prison Journal.

vi

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 Brief Contents

Chapter 1 The Court System, Sources of Rights, and Fundamental Principles 1

Chapter 2 Overview of the Criminal Justice Process 32

Chapter 3 Probable Cause and Reasonable Suspicion 66

Chapter 4 The Exclusionary Rule 88

Chapter 5 Stop and Frisk and Stationhouse Detention 117

Chapter 6 Arrests and Use of Force 148

Chapter 7 Searches and Seizures of Things 186

Chapter 8 Motor Vehicle Stops, Searches, and Inventories 226

Chapter 9 Plain View, Open Fields, Abandonment, and Border Searches 262

Chapter 10 Lineups and Other Means of Pretrial Identification 289

Chapter 11 Confessions and Admissions: Miranda v. Arizona 326

Chapter 12 Basic Constitutional Rights of the Accused during Trial 368

Chapter 13 Sentencing, the Death Penalty, and Other Forms of Punishment 403

Chapter 14 Legal Liabilities of Law Enforcement Officers 432

Chapter 15 Electronic Surveillance and the War on Terror 463

vii

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 Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 Contents
Preface  xvii Chapter 2
Overview of the Criminal Justice Process   32
Chapter 1 The Procedure before Trial   34
The Court System, Sources of Rights, and Filing of Complaint   34
Fundamental Principles  1 The Arrest  35
Booking at the Police Station   38
The U.S. Court System   2 Initial Appearance before a Magistrate   38
The Federal Court System   3 Setting Bail  40
The State Court System   8 The Preliminary Hearing   41
Where Judicial Decisions Apply   10 The Decision to Charge   43
Stare Decisis and Judicial Precedent   11 Indictment versus an Information   44
The Arraignment  46
Federal versus State Criminal Trials   12 The Plea by the Defendant   46
Jurisdiction versus Venue  13 Plea Bargains  48
Sources of Rights   14 The Procedure during Trial   51
Constitutions  14 The Selection of Jurors   51
Statutory Law  17 Opening Statement by the Prosecution   53
Case Law versus Common Law   18 Opening Statement by the Defense   53
Court Rules  18 Presentation for the Prosecution   54
The Judicial Review Doctrine   19 Presentation for the Defense   55
Rebuttal Evidence  55
The Rule of Law   19 Closing Arguments  55
The Incorporation Controversy   21 Defense Motions before the Verdict   56
Background  21 Instructions to the Jury   57
Approaches to Incorporation   21 Jury Deliberation  57
A Summary of the Four Approaches to The Verdict  57
Incorporation  23 The Procedure after Trial   60
Fundamental Right as the Test for Selective Imposition of Sentence   60
Incorporation  24 Appeal  61
Rights Not Incorporated   24 Habeas Corpus  61
The Result of the Incorporation Controversy:
“Nationalization” of the Bill of Rights   25 Procedural Differences in Jurisdictions   62
Application to Felony Cases   62
Court Cases  25 Variation among States   62
Case Citation  25 Variation within a State   63
How to Brief a Case   27 Ideal versus Reality   63
In Action Jurisdiction and Venue  11 Case Brief Santobello v. New York,
404 U.S. 257 (1971)   50
Case Brief Duncan v. Louisiana, 391
U.S. 145 (1968)   22 In Action Juror Selection  53

ix

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 In Pretrial Motions   95
Chapter 3 On Appeal  96
Probable Cause and Reasonable Suspicion   66 In Habeas Corpus Proceedings   96
Standing and Illegally Seized Evidence   97
Probable Cause  68
Probable Cause Defined (The Legal Determining What Is Not Admissible   97
Definition)  68 Illegally Seized Evidence (The Primary
A “Man of Reasonable Caution”   68 Evidence)  97
The Practical Definition of Probable Cause   69 Fruit of the Poisonous Tree (The Secondary
Same Definition of Probable Cause in the Evidence)  98
Many Areas of Police Work   70 Exceptions to the Rule   99
Arrest of Persons versus Search and Seizure Category 1: The Good Faith Exception and
of Property  70 Its Many Variations   99
With a Warrant versus without a Warrant   71 Category 2: The Inevitable Discovery
Why Obtain a Warrant?   71 Exception  105
Who Determines Probable Cause?   72 Category 3: The Purged Taint Exception   105
Establishing Probable Cause after an Category 4: The Independent Source
Officer’s Illegal Act  72 Exception  107
Any Trustworthy Information Can Establish
When the Rule Does Not Apply   107
Probable Cause  74
In Violations of the Knock-and-Announce
The Three Ways Whereby Probable Cause Is
Rule  107
Established  74
In Searches by Private Persons   108
Probable Cause and Motor Vehicle Passengers   79
In Grand Jury Investigations   108
Is an Arrest Based on Probable Cause for a
In Sentencing  108
Different Offense Valid?   80
When an Arrest Based on Probable Cause
Reasonable Suspicion  81 Violates State Law   108
Reasonable Suspicion Defined   81 When Only Agency Rules Are Violated   109
The Totality of Circumstances   81 In Noncriminal Proceedings   109
Probable Cause Compared with Reasonable In Parole Revocation Hearings   110
Suspicion  84 Arguments for the Exclusionary Rule   111
Determining Probable Cause or Reasonable Suspicion Arguments against the Exclusionary Rule   111
on Appeal  84 Alternatives to the Exclusionary Rule   112
In Action Search Warrant Affidavit  73 The Future of the Exclusionary Rule   113
Case Brief Spinelli v. United States, 393
Case Brief Mapp v. Ohio, 367 U.S. 643 (1961)   94
U.S. 410 (1969)   77
Case Brief Arizona v. Evans, 514 U.S. 1 (1995)   103
Case Brief Alabama v. White, 496 U.S. 325 (1990)  82
In Action The Exclusionary Rule  110

Chapter 4
Chapter 5
The Exclusionary Rule   88
Stop and Frisk and
The Exclusionary Rule Defined   90 Stationhouse Detention  117
The Purpose of the Rule Is to Deter Police Stop and Frisk   118
Misconduct  90 Issue and Origin   119
A Judge-Made Rule   91 The Leading Case   120
The Guidelines  121
Historical Development  91
Reasonable Suspicion Is Required, not Probable
The Rule Now Applies to State Criminal Cause  122
Prosecutions  93
Two Separate Acts  123
Invoking the Rule   95 The Stop  124

x Contents

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 A Case Study: Stops and Race in the New York When Exigent (Emergency) Circumstances
City Police Department   134 Are Present  167
The Frisk  135 When There Is Danger to the Officer   167
Stop and Frisk and Arrest Compared   140 Entering a Home without a Warrant   167

Other Stop and Frisk Applications   141 What the Police Can Do after an Arrest   168
Application to Motor Vehicles   141 Police Can Search the Arrestee, Including
Application to Weapons in a Car   143 a Strip Search   168
Application to Residences   143 Police Can Search the Area of Immediate
Control  169
Stationhouse Detention  144 Police Can Search the Passenger Compartment
For Fingerprinting  144 of a Motor Vehicle   170
For Interrogation  145 Police Can Use Handcuffs   170
Case Brief Terry v. Ohio, 392 U.S. 1 (1968)   122 Police Can Monitor the Arrestee’s Movement   170
Case Brief Hiibel v. Sixth Judicial District Court of Police Can Search the Arrestee at the Place of
Nevada, et al., 542 U.S. 177 (2004)   132 Detention  170
Police Can Collect a DNA Sample   171
In Action Stop and Frisk  138
What the Police Cannot Do during an Arrest   171
Police Cannot Enter Third-Party Residences   171
Chapter 6 Police Cannot Conduct a Warrantless Protective
Arrests and Use of Force   148 Sweep Unless Justified   172
Police Cannot Invite the Media to “Ride Along”   172
The Broad Picture: Arrests Are Seizures of Persons   150
Knock-and-Announce Is Required by the Constitution, but
Arrests and the Fourth Amendment   150
with Exceptions  173
Arrest Is Just One Form of Seizure   151
The General Rule   173
The Top Ten Intrusive Searches and
The Exceptions  173
Seizures of Persons   151
How Long Must the Police Wait before
What Is the Legal Test to Determine
Entering?  174
Whether a Seizure Has Occurred?   152
Other Arrest Issues  175
Arrest Defined  153
Can the Police Detain a Suspect while Obtaining a
Forced Detention and Arrest   154
Warrant?  176
The Length of Detention and Arrest   155
Can the Police Arrest for Traffic Violations or Petty
The Four Elements of an Arrest   155 Offenses?  176
Seizure and Detention   155 Are Arrests for Offenses Not Punishable by Prison or
The Intention to Arrest   156 Jail Time Valid?   176
Arrest Authority  158 Are Citizen’s Arrests Valid?   178
Understanding by the Arrestee   158
Use of Force during an Arrest   179
Arrests with a Warrant   158
What Governs Police Use of Force?   179
When Is a Warrant Needed?   161
What the Court Has Ruled in General
The Issuance of a Warrant   162
about Police Use of Force   179
The Contents of a Warrant   163
Nondeadly versus Deadly Force   180
The Service of a Warrant   164
The Use of Nondeadly Force   180
The Time of the Arrest   164
The Use of Deadly Force   181
The Possession and Expiration of a Warrant   165
The Use-of-Force Continuum   183
Other Legal Authorizations  165
In Action What the Police May Do after an
Arrests without a Warrant   166
Arrest  154
Felonies Committed in the Presence of
Officers  166 Case Brief Payton v. New York, 445 U.S. 573
Misdemeanors Committed in the Presence of (1980)  162
Officers  166 Case Brief Atwater v. City of Lago Vista, 532
Crimes Committed in Public Places   166 U.S. 318 (2001)   177

Contents xi

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 Searches and Seizures of Public Employees Other
Chapter 7
Than Drug Testing   220
Searches and Seizures of Things   186 Squeezing Luggage in a Bus   221
Searches and Seizures by Private Persons   222
The Fourth Amendment as Applied to Things   187
Searches by Off-Duty Officers   222
The Right to Privacy Is a Constitutional Right   188 Surgery to Remove a Bullet from a Suspect   222
“Reasonable Expectation of Privacy” Defined   189 In Action Extending the Scope of a Search   191
Search Defined  190 Case Brief Georgia v. Randolph, 547 U.S. 103 (2006)   204
Seizure Defined  190 Case Brief Chimel v. California, 395 U.S. 752
Searches and Seizures: The General Rule   190 (1969)  206

Things Subject to Search and Seizure   191

The Scope of the Search   191 Chapter 8
The Time Allowed for a Search   192 Motor Vehicle Stops, Searches,
The Procedure after the Search   192 and Inventories  226
Search and Arrest Warrants Compared   193 Vehicle Stops  228
Search and Seizure with a Warrant   193 The General Rule for Stops   229
What the Police Can Do after a Vehicle Stop   230
Four Requirements  193 Traffic Stops as Pretexts for Vehicle Searches   234
Probable Cause  193 Searches with Consent and Freedom to
A Supporting Oath or Affirmation   195 Leave  236
A Description of the Place to Be Searched Passengers are also “Seized” in Traffic Stops   236
and Persons or Things to Be Seized   196 Arrests of Vehicle Passengers   237
The Signature of a Magistrate   198 Roadblocks Do Not Need Reasonable
The Procedure for Serving a Warrant   199 Suspicion  237
Search and Seizure without a Warrant   199 Vehicle Searches  240
The Searches with Consent Exception   200 The Leading Case on Vehicle Searches   242
The Search Incident to Lawful Arrest The Objective Reasonableness Rule in Vehicle
Exception  205 Searches  244
The Exigent Circumstances Exception   206 Automatic Searches during Traffic Citations Are
The Special Needs beyond Law Enforcement Unconstitutional  245
Exception  209 Warrantless Vehicle Searches  245
Public School Searches   210 Police May Search Passenger Compartments   246
Testing Non-College Students for Drugs   211 Police May Search Trunks and Closed Packages   247
Airport Searches  212 Police May Search Containers in a Car   248
Searches of Probationers and Parolees   212 Unresolved: Searches of Locked Trunks or Glove
The Police and Special Needs   213 Compartments  249
Administrative Searches and Inspections   214 Searches When the Arrested Suspect Is Not in the
Vehicle—Questions Remain  250
Warrantless Searches Must Be Contemporaneous   215
Other Motor Vehicle Search and Seizure Issues   251
The Announcement Requirement  215 Searches That Are Not Contemporaneous   251
Other Search and Seizure Issues   215 Warrantless Searches When There Is Time
The Use of Police Dogs in Searches   216 to Obtain a Warrant   252
Searches and Seizures of Computers   217 Warrantless Seizures of Vehicles Found
Searches and Seizures of Text Messages in Public Places   252
in a Cell Phone   218 Warrantless Searches of Motor Homes   253
Government Seizure of E-mails   219 The Use of Electronic Devices to Monitor
Drug Testing Public Employees, Including Police Vehicles  253
Officers  219 Immigration and Border Searches of Vehicles   254

xii Contents

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 Other Valid Car Searches   255 Detention of Persons for Questioning in
Vehicle Inventory Searches   256 a Border Area  283
Immediately after an Arrest   256 Strip, Body Cavity, and X-ray Searches   283
Vehicles Impounded by Police   257 Detention of Alimentary Canal Smugglers   284
Disassembling the Gas Tank   284
The Importance of State Laws and Department Policies Searching Vehicles away from the Border   284
in Vehicle Stops, Searches, and Inventories   258 Stopping Vehicles at Fixed Checkpoints   285
In Action The License and Registration Factory Survey of Aliens   285
Checkpoint  243 Summary of Case Law on Border Stops and
Case Brief Carroll v. United States, 267 U.S. 132 Searches  285
(1925)  244 Case Brief Horton v. California, 496 U.S.
Case Brief United States v. Ross, 456 U.S. 798 128 (1990)  268
(1982)  250 In Action A Private Poker Game Overheard   271
Case Brief Oliver v. United States, 466 U.S.
170 (1984)  277
Chapter 9
Plain View, Open Fields, Abandonment,
and Border Searches   262 Chapter 10
The Plain View Doctrine   264
Lineups and Other Means of Pretrial
Plain View Defined   264 Identification  289
Requirements of the Doctrine   265 Lineups  291
Situations in Which the Doctrine Applies   266 Right to Counsel during Lineups—It
One of Many Justifications for Admission of Depends  291
Evidence  266 Right to Due Process Applies in Lineups   298
Inadvertence Is No Longer Required   267 No Unreasonable Search and Seizure Is
Plain View and Open Spaces   269 Involved in Lineups   298
Plain View and Motor Vehicles   270 No Right against Self-Incrimination Is
Plain View and Mechanical Devices   270 Involved in Lineups   299
Plain View and Open View Compared   270
Showups  300
Plain View and Plain Touch Compared   270
Right to Counsel during Showups—It
Plain View and Plain Odor Compared   272
Depends  300
The Open Fields Doctrine   272 Right to Due Process Applies in Showups   301
The Open Fields Doctrine Defined   272 No Unreasonable Search and Seizure
Areas Not Included in Open Fields   272 Is Involved in Showups   302
Curtilage  273 No Right against Self-Incrimination Is
A Broader Meaning of Open Fields   276 Involved in Showups   302
Open Fields and Sense-Enhancement
Photographic Identifications  303
Technology  278
No Right to Counsel in Photographic
Open Fields and Plain View Compared   279
Identification  303
Abandonment  279 Right to Due Process Applies in Photographic
Abandonment Defined  279 Identification  303
Guidelines for When Items Are Considered No Unreasonable Search and Seizure Is
Abandoned  279 Involved in Photographic Identification   304
Abandonment of Motor Vehicles   281 No Right against Self-Incrimination Is
Police Actions and Abandonment   281 Involved in Photographic Identification   304
Abandonment and Plain View Compared   282
Problems with Eyewitness Identification   305
Border Searches  282 “Hopelessly Unreliable”  305
Temporary Detention of Aliens Believed to Be No Prescribed Guidelines   306
Illegal  283 Legislative and Judicial Responses   306

Contents xiii

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 Eyewitness Identification Guidelines   308 Miranda Cases on Appeal: The Harmless Error Rule   363
For Lineups  309 Case Brief Berkemer v. McCarty, 468 U.S. 420
For Showups  311 (1984)  336
For Photographic Identifications   311
In Action A Confession after a Request for a
Other Means of Identifying Suspects   312 Lawyer  351
­
DNA Testing  312
Case Brief Missouri v. Seibert, 542 U.S. 600
Polygraph Examinations  317
(2004)  354
Breathalyzer Tests  319
Handwriting Samples  320
Hair Samples  321 Chapter 12
Brain Fingerprinting  321 Basic Constitutional Rights of the Accused
Facial Recognition Technology   322 during Trial  368
Case Brief Kirby v. Illinois, 406 U.S. 682 (1972)   294
The Right to Trial by Jury   370
Case Brief United States v. Wade, 388 U.S. Voir Dire  371
218 (1967)  296 Jury Size  371
In ActionPhotographic Identification of a Purse Unanimous versus Nonunanimous Verdicts   371
Snatcher  305 Serious versus Petty Offenses   372
Selecting a Jury of Peers   373
Disqualification of Jurors Based on Race   373
Chapter 11 Disqualification of Jurors Based on Gender   376
Confessions and Admissions: The Right to Counsel   377
Miranda v. Arizona  326 Why Counsel Is Needed   378
How Counsel Is Obtained   379
Before Miranda  328
Automatic Reversal of a Conviction for
Voluntary Confessions  328
Denying Defendant a Paid Lawyer   380
Four Cases Illustrating the Pre-Miranda
The Responsibility of the Defense Lawyer
Voluntariness Test  328
Is to the Client   382
Miranda Rejects Voluntariness as the Sole Test   330 The Right to Court-Appointed Counsel
The Basics of Miranda v. Arizona  331 during the Trial Has Exceptions   382
The Case  332 Proving Ineffective Assistance of Counsel
The Miranda Warnings  333 is Difficult  384
Miranda Required by the Constitution, Not Just by Claims of Ineffective Counsel in Death
Judges  334 Penalty Cases  385
Miranda Must Be Given for All Offenses Except Claim of Ineffective Counsel during Plea
Routine Traffic Stops   335 Bargaining  387
Distinguishing Miranda from the Right to The Right to Act as One’s Own Counsel   387
Counsel  337 The Right to Due Process   388
Miranda May Be Waived Knowingly and The Many Meanings of Due Process   388
Intelligently  338 The Brady Rule on Disclosure of Evidence to the
When Must the Miranda Warnings Be Given?   342 Accused  389
When Is the Suspect in Custody?   343 Cases after Brady  389
When Is the Suspect under Interrogation?   347 The Right against Self-Incrimination   391
Leading Decisions on the Miranda Warnings  349 The Prohibition Applies Only to Testimonial
Situations That Require the Miranda Self-Incrimination, Not to Physical
Warnings  350 Self-Incrimination  391
Situations Not Requiring or Not Fully Applying Testimonial and Nontestimonial Self-Incrimination
the Miranda Warnings  355 Compared  392
Situations in Which the Miranda Warnings Two Separate Privileges during Trial   393
Are Not Needed   359 The Grant of Immunity   395

xiv Contents

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 Transactional and Use and Derivative Use Civil Liability under State Tort Law   446
Immunity Compared  396 Types of State Tort Cases   446
How the Right Is Waived   396 Other Sources of Police Civil Liability under State
The Right to a Fair and Impartial Trial   397 Tort Law  451
The Prohibition against Prejudicial Publicity   397 Official Immunity Is a Defense in State Tort
Controlling Prejudicial Publicity   398 Cases  452
Federal (Section 1983) and State Tort Cases
Case Brief J. E. B. v. Alabama, 511 U.S. 127 (1994)   376 Compared  453
Case Brief Gideon v. Wainwright, 372 U.S. 335 Differences between Federal Section 1983 and State
(1963)  383 Tort Cases  453
In Action Self-Incriminating Writing If the Police Are Sued   454
on the Wall   393 The Police Officer as Defendant   454
The Police Supervisor as Defendant   455
The City or County as Defendant   456
Chapter 13
Other Consequences of Police Misconduct   457
Sentencing, the Death Penalty, and Other
Prosecution under Federal and State Laws   458
Forms of Punishment   403
Administrative Liability: Agency Investigation
Sentencing  404 and Punishment  458
The Goals and Objectives of Sentencing   405 Exclusion of Illegally Obtained Evidence
Sentencing Disparity  406 (The Exclusionary Rule)   459
When Is a Sentence Considered Cruel and Loss of Law Enforcement License   459
Unusual Punishment?  406 In Action Ignoring the Medical Complaints of
Sentencing Guidelines  407 a Suspect in Custody   436
Sentencing Juvenile Offenders   408
Case Brief Scott v. Harris, 550 U.S. 372 (2007)   440
Types of Sentences   412
Case Brief Groh v. Ramirez, 540 U.S. 551 (2004)   442
The Death Penalty   412
Imprisonment  416
Probation  421 Chapter 15
Intermediate Sanctions  425
Fines, Forfeiture, and Restitution   426 Electronic Surveillance and
the War on Terror   463
Crime Victims’ Rights  427
Victims’ Rights in State Courts   428 Electronic Surveillance  465
Case Brief Weems v. United States, 217 U.S. 349 The Old Concept   465
(1910)  410 The New Concept   466
Case Brief Baze v. Rees, 553 U.S. 35 (2008)   417 Four Federal Laws That Govern Electronic
Surveillance  468
In Action Probation Revocation Proceedings  426
Title III of the Omnibus Crime Control and Safe
Streets Act of 1968   468
Chapter 14 The Electronic Communications and Privacy Act
Legal Liabilities of Law (ECPA) of l986   469
Enforcement Officers  432 The Communications Assistance for Law
Enforcement Act (CALEA) of 1994   470
Lawsuits against Police: An Occupational Hazard   434 The Foreign Intelligence Surveillance Act (FISA)
An Overview of Police Legal Liabilities   435 of 1978  471

Civil Liability under Federal Law   436 Using Electronic Devices from a Public Place   473
What Section 1983 Provides   437 Electronic Tracking Devices That Do Not
Two Requirements for a Section 1983 Lawsuit to Intercept Communication  474
Succeed  437 Pen Registers  474
Defenses in Section 1983 Cases   439 Tracking Devices  474

Contents xv

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 Cameras to Monitor Tracking and Other Appendix B
Offenders  479
The Constitution of the United States   494
The War on Terror   480
The USA Patriot Act  481
The Department of Homeland Security   482
Terrorism and the Police   484 Appendix C
Legal Issues in the War on Terror   486
Prospects  488
The Top Twenty Cases in Criminal
Procedure  510
Case Brief Katz v. United States, 389
U.S. 347 (1967)   467
In Action A Warrant for a Wiretap Based on an
Glossary  511
Overheard Cell Phone Conversation   472
Case Brief United States v. Jones (2012)   477 Case Index  519
Subject Index  524
Appendix A
Thirty Suggestions on How to Be an Effective
Witness  491

xvi Contents

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Another random document with
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The Project Gutenberg eBook of The works of
the Rev. John Wesley, Vol. 12 (of 32)
 This ebook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
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eBook.

Title: The works of the Rev. John Wesley, Vol. 12 (of 32)

Author: John Wesley

Release date: May 20, 2024 [eBook #73657]

Language: English

Original publication: Bristol: William Pine, 1771

Credits: Richard Hulse and the Online Distributed Proofreading

Team at https://www.pgdp.net (This file was produced
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*** START OF THE PROJECT GUTENBERG EBOOK THE WORKS OF

THE REV. JOHN WESLEY, VOL. 12 (OF 32) ***
 The Works of the
Rev. John Wesley,
M.A.

Transcriber’s Notes
The cover image was provided by the transcriber and is placed
in the public domain.

Punctuation has been standardized.

Most of the non-common abbreviations used to save space in

printing have been expanded to the non-abbreviated form
for easier reading.

The author has used an asterisk (*) to indicate passages he

considers most worthy of attention.

The text is very inconsistent in its usage of quotation marks.

The transcriber has attempted to make their use consistent
throughout this work for improved readability.
This book was written in a period when many words had not
become standardized in their spelling. Words may have
multiple spelling variations or inconsistent hyphenation in
the text. These have been left unchanged unless indicated
with a Transcriber’s Note.

The symbol ‘‡’ indicates the description in parenthesis has been

added to an illustration. This may be needed if there is no
caption or if the caption does not describe the image
adequately.

Footnotes are identified in the text with a superscript number

and are shown immediately below the paragraph in which
they appear.

Transcriber’s Notes are used when making corrections to the

text or to provide additional information for the modern
reader. These notes are identified by ♦♠♥♣ symbols in the
text and are shown immediately below the paragraph in
which they appear.
 THE

WORKS
OF THE

Rev. JOHN WESLEY, M.A.

Late Fellow of Lincoln-College, Oxford.

Volume XII.

B R I S T O L:
Printed by WILLIAM PINE, in Wine-Street.

MDCCLXXII.
 THE

CONTENTS
Of the Twelfth Volume.

An Extract of the Life and Death of

Thomas Walsh.

P A R T III.

Chapter IV. Of his last sickness.

An Extract of the Life of the late Rev.

Mr. David Brainerd.

Part I. From his birth to the time when he began to devote himself
to the study of divinity.

Part II. From the time that he began to devote himself to the study
of divinity, till he was examined and licensed to preach.

Part III. From the time of his being licensed to preach, till he was
appointed missionary to the Indians.

Part IV. From the time of his being appointed missionary, to his
entrance on his mission among the Indians at Kaunaumeek.

Part V. From his first beginning to instruct the Indians at

Kaunaumeek, to his ordination.
Part VI. From his ordination, till he began to preach to the Indians at
Crosweeksung.

Part VII. From his first beginning to preach to the Indians at

Crosweeksung, till he returned from his last journey to
Susquahannah.

Part VIII. After his return from his last journey to Susquahannah,
until his death.
 An E X T R A C T of the

LIFE AND DEATH OF

T H O M A S W A L S H.

P A R T III.

C H A P T E R IV.
Of his last sickness and death.

H IS state of body in general (as has been related) was that of a

lingering death, which however, being interspersed with
intervals of comparative health and strength, admitted of his still
going on, in the work of his calling. But by his last sickness is meant,
that degree of disease, which admitted of no such interval; and at
last took him off entirely, from all mental or bodily labour, and ended
in his removal hence.
 This his last illness may be dated from February 24, 1758, a few
days after his arrival at Bristol, in his way to Ireland. After preaching
twice as usual, and studying hard all day, he was seized with violent
pains in his head, and in all his bones. He however rose the next
morning at his usual time, and preached; retiring afterwards to his
daily exercises; but still feeling the pressure of the disorder, “My
body says he, trembled with weakness, but my soul was happy in
God!”

He avoided yielding to his pains, and proceeded in his Lord’s

work as usual, for several days: till at length he was constrained to
take his bed. Here he was confined for several days; and taking
exact notice, (as his disorder admitted) of the state of his heart,
according to his constant custom, and growing something better, he
wrote from the fulness of his heart his state and sentiments as
follows,

“Saturday March 4. (The day he took his bed) good is thy will O
Lord. Thy counsels of old are faithfulness and truth. Thou reignest in
righteousness; though no man can know love or hatred, by all that is
before him, Ecclesiastes ix. Thou givest account of thy ways to none;
but assurest the righteous, that it shall be well with him; and that
thy corrections are with this design, that we may partake of thy
holiness. I am in thy hands, O my God: work thy perfect will in me,
and sustain me in this trial. I call upon thee in the day of trouble;
and believe thou wilt deliver me, and that I shall glorify thee, and
praise thee yet more and more. Thus (as he concludes) I went to
bed very ill, and happy.
 “Sunday 5. My illness continued and encreased. I had not much
consolation, but was graciously preserved from buffetings.
Monday 6. Continued in soul as yesterday only with more
examination. Tuesday 7. I had scarcely any alteration in body or
soul. I cried to God, and he heard me; but the sweet and usual
returns of prayer were not. Wednesday 8. God gave me to weep
much for the sins of my whole life. Thursday 9. My pains and
pleasures, corporal and spiritual, were as the day before. Friday 10.
I had more consolation of soul. Saturday 11. The spirit of prayer was
plentifully imparted to me: I could plead the mercies, and promises,
and merits of God my Saviour, and his love and joy were more
plentifully poured into my soul. Sunday 12. I had gracious
intimations of the good will of God towards me in this sickness.

“Monday 13. I was able to read and pray, and advise friends to
love God and seek him in good earnest, while they had strength.
Tuesday 14. I was better still, and prayed for the increase of holy
love in the children of God, and for the propagation of the faith in all
nations.”

Besides this daily minuting down the state of his soul, he on a

general review (as was his constant manner on these occasions) of
the whole, has, among several other particulars, the following
observations,
 *“I had a constant witness from the Holy Ghost, that I was a
child of God. However, the sins of my whole life were brought to my
remembrance; particularly those of my heart; the manifold
backslidings known only to God. For altho’ God preserved me from
falling even once, into those sins, in which I lived in the days of my
ignorance; nevertheless I saw my pride, desire, self-will, self-
indulgence, levity, and misspending time. ¹ I may add to these, my
want of love to God, charity to my neighbour, and more serious
concern for my own soul. I saw how wonderfully the Lord had dealt
with me, raising me from the dust, and giving me so many and
invaluable blessings; so that I ought, more than all men, to serve
and love him.”

¹ So severe a judge was he of himself, while in the

judgment of all who knew his manner of life, he was
exemplarily remarkable for the direct contrary. But “the
highest flames (to use the words of the great, and pious
bishop Taylor) are the most tremulous; and so the most
holy and eminent religious persons, are more full of
awfulness, and fear, and modesty, and humility. And it is a
sure rule, that whatsoever heights of piety, union or
familiarity, any man pretends to, it is of the devil, unless
the greater also be the humility of the man.”

“I was moreover deeply convinced how possible, yea easy it is,

for a person after having received great light, love, power, and joy,
to fall notwithstanding, into a certain dulness of soul; and that holy
desires, vehement thirstings after God, and the spirit of prayer, may
be lessened, and lost. Truly we can keep nothing unless the Holy
Ghost help our infirmities continually.
 *“But the grand lesson of all which in this little interval I learned
was, the absolute necessity of being free from persons, things, and
places. I saw what a tendency the soul has to rest in something
beside God; I saw that even when we give up our beloved sins, and
all temporal things, we are nevertheless apt to rest in the gifts and
graces of God; making them as it were our Saviour, and comforter
instead of Christ.”

*“I saw farther, how deeply the love of life and learning had been
rooted in my heart: and that God saw it necessary to correct me
often, to shew me the vanity of both.”

*“I believe he is resolved to save my soul to the uttermost; and

he uses various ways to accomplish this end. I believe this sickness
will be of great service to my soul, and perhaps of more use to the
children of God, than my labours could be. My desire is only to live
wholly to him, and to get more of the love and life of Christ. Lord
look upon me, a weak and unconstant man, and strengthen, and
establish my heart with thy love.

“In exhorting the believers, I found much of divine consolation. O

how sweet were these two hours; and how short! Love is a
wonderful thing.”

Sunday 26. I was in a high fever, yet when I got with the family, I
forgot my pain, while we conversed of the love of God. It being
Easter-day, I examined what I had gained since last Easter? And I
trust God has given me more humility, patience, and likeness to
himself.”
 He was detained at Bristol, thro’ his illness, longer than he had
intended; and was but slightly recovered, when he was told of a
ship, just ready to sail for Cork. Being resolved on the journey, and
willing to embrace the very first opportunity, weak as he was, he
embarked at Pill on the 13th of April. The passage was ♦extremely
dangerous; insomuch, that the mariners themselves, looked for
nothing less than perishing, so boisterous were the winds and the
seas. But see the blessedness of being true believers in Christ! *Tho’
they expected every moment to go to the bottom of the great deep;
“Yet God, says he, gave me more faith, and patience, and joy, than
ever I felt before. I could not see death terrible to me. I prayed, and
praised God incessantly; for sleep I could not an hour while on
board; and neither could I eat. But Christ was with me in all, and
supported me. I pleaded with the Lord in behalf of the passengers,
beseeching him that he would not take them away in their sins.
They cried out vehemently, ‘We are not fit to die!’ On their account I
did not desire to sleep; I cried aloud to God in prayer in the cabbin;
and they gladly attended then. On Saturday the wind abated, and
the next day we landed safe in Cork.”

♦ “extremly” replaced with “extremely”

*On my hearing of his arrival (being then in the county, and it

being many months, since we parted at London) I hastened to see
him; and can never forget the idea, which the first sight of him gave
me, of a man in deep fellowship with God. On my opening his room
door, and just appearing, he got up from his chair, being in deep
contemplation, and with a spirit and countenance, composed and
solemn as the grave, he said with a low voice, ‘God bless you.’ We
embraced each other with tears; after which kneeling down, he
prayed, as to a present God indeed! with such melting and moving
expressions, and with such reverential confidence, as surpassed all
that I had known and admired in him before; and plainly discovered
his having entered since we parted, much further into the holiest, by
the blood of Jesus.
 *During the time he stayed here, I was a daily witness of his
manner of life; and saw with much concern, his swift approaching
end. He had most of the symptoms of a consumption, in its last
stage: which increased upon him every day. The silver cords of life
began to loosen, and the golden bowl, the whole of this wonderful,
and curiously wrought machine, to be broken. He had an
intermitting fever, which returned regularly every day about eleven
o’clock; an habitual cough, and most profuse night-sweats; all which
had now so emaciated and weakened him, that the marks of death
already appeared upon him. And yet notwithstanding this, he still so
desired to discourse of the things of eternity, that, while he was at
all able to stand, or speak, he could not be dissuaded from
preaching: and altho’ he brought into the pulpit the very image of
death upon his face, so that it could hardly be expected he should
speak ten minutes; he has nevertheless preached a full hour, to the
astonishment of all who heard him. One would have thought he
must have dropt down dead immediately after.

His internal state, still the object of his close attention, during his
continuance at Cork, where there is reason to believe he began first,
to think, this sickness would be unto death, he summarily expresses
thus.

*“Saturday April 29. My soul truly waiteth upon God. My body

feels pain and weakness; but my soul enjoys the living fire of the
Holy Ghost! Oh, may I die the death of the righteous: and let my
last end be like his! I wait for thy salvation, O Lord! Weak I am, but
cannot be moved while Jesus is my strength. O that every pain may
but increase my love to God! I am supported by the fire within, and
by believing that Jesus is at the right-hand of God.”
 The time being come which he had appointed for leaving Cork,
and going on to Limerick; being attended by his own brother:
another friend and I, accompanied him a dozen miles on the way. At
the inn where we stopped, he discoursed to us at dinner, of the
things pertaining to the life of a Christian, respecting particular
instances of conduct; but his weakness prevented him saying as
much as we could have desired. *I shall never forget our parting!
The other persons being gone down stairs, after he had said some
particular things to me, we kneeled down, and prayed together, for
the last time! We then took our final farewell of each other in this
world! He went on his way, and I went mine; each of us expecting to
meet no more, till we met in happier climes, and in a better world!

*I do not find, that from this time, he kept any further account in
writing, of the daily state of his soul; owing, I am inclined to think,
to the violence of his disorder, which increased now, almost every
hour; and which weakened and impaired the faculties of his mind, as
well as the strength of his body. Hence, beholding things thro’ so
defective a medium, he became in reality, an unfit judge of his own
state. The influence which this kind of disorder in particular,
frequently has upon the powers of the mind, is well known, even to
the representing things which concern one’s self, and others, often
directly contrary to what they really are.

He had the judgment and advice of the best physicians, wherever

he came; who on the slightest intimation, offered their assistance
with all chearfulness, neither expecting nor desiring any other
gratuity than, (as one of them once expressed) “the prayers of Mr.
Walsh.” They generally agreed, that his disorder was brought on
thro’ excessive labour—frequent, and loud preaching, intense
application to study, want of proper, and sufficient rest: and fatigue
in general. They likewise judged, that his case was now past all
remedy.
 *It was however judged advisable, that he should be removed
from Limerick, to the more free and open air of the country. He went
thither accordingly, where he had the tenderest and most
affectionate attendance, with whatsoever was judged most proper to
alleviate the rigour of the disease, and restore him, if God should so
please, to health. But it was now too late! And his friends perceiving,
that neither air nor physic availed any thing, they according to his
own inclination and desire, removed him to Dublin. His next remove,
was to the city of the great King, the paradise of God!

Concerning the state of his soul, for a few months before his
death, as he wrote nothing on the head during that time, we can
speak with less certainty, than of what has been already related. And
embarking for England soon after we parted, I neither saw nor
heard, any thing particularly concerning him, till a letter brought the
tidings of his being no more in this world. But from the accounts of
persons of undoubted veracity, who attended him during that time,
we learn, that his state was not indeed joyous, but grievous. *He
drank of his Lord’s cup of sorrow, and was in truth deeply, baptized
with his baptism. He was immerged in affliction’s furnace and
plunged in the deepest waters.

“His flesh chastized, with tort’ring pain

His soul, and sickness clave his bones;

Keen anguish dwelt in ev’ry vein,

And sadly turn’d his breath to moans.

Sorrow was all his soul; he scarce perceiv’d,

But by the pains he suffer’d, that he liv’d!”

He was tempted, and sorely buffeted of the devil. The nature of his
disorder exposed him to a degree of precipitancy, and discomposure,
which he was more than superior to, while in better health. In short,
so did the wisdom of God permit, that thro’ the malice of Satan, the
extreme violence of his disorder, and the concurrence of several
other circumstances, this servant of God, was brought to the utmost
extremity of spiritual distress and anguish, consistent with keeping
the faith: insomuch that it was but few degrees removed from
despair.

“His agonizing soul sweat blood!

With Christ he fainted on the tree,

And cry’d in death, ‘My God, my God,

Ah! Why hast thou forsaken me?’”

*His great soul lay thus, as it were in ruins, for some

considerable time; and poured out many a heavy groan, and
speechless tear, from an oppressive heart, and dying body. He sadly
bewailed the absence of him, whose wonted presence had so often
given him the victory, over the manifold contradictions and troubles,
which he endured for his name-sake. A heart so sensible of the visits
of its Lord, and so restless at his smallest absence, as his was
throughout his warfare, must needs be deeply afflicted when left,
seemingly to its own poverty, and surrounded as it were with hosts
of infernal fiends, seeking to devour him. The intervals which he had
of cessation from the extremity of the conflict, and of comparatively
quiet confidence in God, are not perhaps so well known: but that he
had such, may well be supposed; for otherwise his soul and flesh
must needs have failed before God.
 It was however not till a short time before his complete and
eternal deliverance, that his Lord appeared to his help: and by
making himself known, as Jesus, his well known Saviour, entirely
eased the anguish of his oppressed soul! The beams of his
brightness dispersed the clouds: and the smiles of his countenance
more than compensated for all his night of sorrow. He spoke and
said unto him, The winter is passed; arise my love and come away!

*The manner of his deliverance was as follows. A few friends

being at prayer with him, on Sunday evening; as soon as they
concluded, he desired to be left alone, in order, as he said, “to
meditate a little.” They withdrew; and he remained deeply
recollected for some time: just then, God, dropping into his soul, no
doubt, some lively foretaste of the joys to come, and spreading the
day of eternity thro’ the regions of his inward man; he burst out in
transport, and pronounced, in a dying voice indeed, but with the joy
of angels!――“He is come!――He is come!――My beloved is mine,
and I am his!――His for ever!” And uttering these words, he sweetly
breathed out his soul into the arms of his beloved; on the 8th day of
April 1759, and in the 28th year of his age.

The C O N C L U S I O N.

W E cannot sufficiently admire and adore, the unsearchable

counsels, and impenetrable secrets of God our Saviour, with
respect to the management of his kingdom, and the disposal of his
servants. Two reflections are natural, on considering the preceding
account in general.
 *1. To see a man delivered from the blindness of error and
superstition, and brought into the light and enjoyment of truth; the
knowledge of the true God and of his spiritual worship—to see him
brought out from the obscurity of retirement, and that by the
remarkable interposition of divine providence, in order to spread the
savour of the knowledge of God, among mankind, in the most public
manner—to consider him as singularly fitted for this, by knowledge,
by the word of truth, dwelling richly in him; by purity, by zeal for
God’s glory, by the armour of righteousness, and by the power of
God, attending his word—To see such an one cut off from among
men, in the prime of life, just fully furnished for promoting the
kingdom of the Son of God, to which he was entirely devoted, is a
thing which will be acknowledged to confound human
understanding.

Without entring deeply into the matter, one may easily learn
herefrom, at least a confirmation of that weighty truth, that God is
not worshipped, or served by mens hands, as tho’ he needed any
person or thing. He leaves no one any room to say or think within
themselves, that the cause and glory of God needed them, or at
least had some connexion with our standing or being removed. He is
at no time at a loss how to serve his own glory, and the necessities
of his creatures. Hereby moreover he would stain the pride of
human glory; and teach us, what can never be too fully learned, to
walk humbly with our God; not to judge according to appearances;
and to learn to conceive of things and persons, not according to
bare human estimation, but according to the will of God. O that we
may learn from every occurrence, to fly to him, in all our affections
and desires! Then whenever our change comes, we shall be
welcomed by superior beings, and not much missed by men, who
delight in novelties.
 Whatever secret reasons might be the cause of such a
procedure, in the divine disposals; whether ingratitude, or something
bordering upon idolatry in the people, or whatever was the cause,
certain it is, that we need never fail to reap instruction and
advantage, from such awful providences; the decease of our dearest
friends, since

“For us they languish, and for us they die!”

2. But what may seem most strange is, that a person so eminent
for piety, so laborious for God’s glory; so exemplarily religious, in the
whole of his conversation; so useful to others: in a word, so entirely,
and unreservedly devoted to Christ, should in the time of his
greatest necessity, be so destitute of spiritual comfort. And it must
be acknowledged, in great measure, to be a part of those ways, of
which God giveth account to none. His ♦ judgments are
unsearchable, and his ways past finding out. His way is in the sea,
and his paths in the great waters; and his footsteps are not known.
And who shall say to God, “What dost thou?” “What I do thou
knowest not now,” is indeed applicable to the general course of
God’s providences; and to much of the experience of Christians in
particular; and perhaps this is the best footing on which to rest the
present case, namely the mysterious councils of God, with respect to
his dealings with his servants: with him we are considering in
particular.

♦ “judgment” replaced with “judgments”

 Who can account for that providence which left the life of so holy
a person as John the Baptist, in such infamous hands! Which
permitted it to be sacrificed to the malice of an abandoned harlot,
the petulancy of a vain girl, and the rashness of a foolish, perhaps
drunken prince, who made a prophet’s head the reward of a dance?
The same reasoning has weight, with respect to the treatment which
he has permitted his most eminent servants in all ages to meet with.
It is the fixed decree of heaven, concerning the righteous, that
through much tribulation (outward or inward, or both) they must
enter the kingdom of God. And the most part of ecclesiastical story,
is in great measure no other than a comment on this great truth;
which likewise receives abundant confirmation from numberless
parts of holy scripture.

There may be, for ought that can be known by us, a certain
resemblance in some particulars, between his case of whom we
speak, and that of Job (see chapter ii. 3‒6.) But in both, and indeed
in all resembling instances, the hand of the Lord is visibly seen; that
he is pitiful, and of tender mercy, and afflicts his children only for
their profit, that they might partake of his holiness. And we are well
assured, that he will repay his servants in another world, for
whatever they suffer in this: even ♦ such as fill up that which is
behind of the afflictions of Christ in their flesh.

♦ word “of” removed per Errata

 As to the difficulty of reconciling with his former enjoyments, and
professions, such a state of conflict and discomfort, as this his last
stage was accompanied with, it may be considered, that although it
was uncommon, yet the case is not singular: to recite examples
would be endless. It is true, that God has given us multiply’d and
various instances, in the last stages of his servants in most ages,
both of triumphant superiority to sickness, pain and death in some:
of holy mourning, deep abasement, and patient resignation, in
others: and there have been those likewise, whose last ♦sicknesses
have been such times of painful purgation from human foibles, and
sore conflict from diabolical temptations, that the utmost they have
been able to do, has been to abide in the furnace; till patience
having had its perfect work, they just stept from the cross—to the
crown! Witnessing, only with their parting breath, Victory! Victory!
And all this it is impossible to account for, by appearances.

♦ “sickness” replaced with “sicknesses” per Errata

Thus we hear one, in his last sickness saying, “I am by the

wonderful mercy of God, as full of comfort as my heart can hold, I
feel nothing in my soul but Christ, with whom I heartily desire to be.”
Another, “I am like a bird upon the wing, and would fain be at
Immanuel’s land, where the tree of life is. Here I am a weak man, in
the hands of the king of terrors, rejoicing in hope of the glory that
shall be revealed; and that by the death and resurrection of a
despised Christ. All these soft clothes are like sack cloth, and yet I
have perfect rest of spirit.” Another, “O how does the love of God
wipe off all pain! The servants of God suffer nothing. Their trials are
but for a moment; their joys are eternal!” Ten thousand instances of
this sort might be alledged, in the present generation (to look no
farther)――Persons who throughout a course of pains and wants,
evidenced the ♦ glorious conquest which faith gives over all our
enemies, and over death, the last of all.
 ♦ “victorious” replaced with “glorious” per Errata

There have been those on the other hand, who after a course of
useful and holy living; of eminency in wisdom, and in favour with
God, have nevertheless, towards the setting of their sun, wanted
those joyous beams of triumphant light and life; and who
approached their seat of repose with many tears and sighs; with
shame, and confusion, and hopes, and dependence; and even at the
last, left nothing particularly memorable, for the discourse, and joy
of the survivors; ¹ but who notwithstanding, have attained their
wished-for port, and enjoy the pleasures of those peaceful
mansions! John xiv. 2.

¹ St. Austin is said to have had the penitential psalms wrote

in large characters, and pinned to the inside of the
curtains of his dying bed, desiring to die as he repeated
them with weeping.
Bishop Usher followed the same example and prayed
earnestly to God, to pardon his sins of omission.

“Where conflicts past, redouble present joys!”

Diversity of complexions, different periods of grace, or divine

dispensations; with a thousand particulars known best to God, may
be taken into consideration, in attempting to account for this
difference in the divine disposals concerning his servants. But I
forbear attempting to solve, that of which I am free to profess my
ignorance: and wait for that light, which will infallibly

—―throw full day on darkest scenes of time.

 It may be farther observed concerning this servant of God, that
although his comforts had been exceeding great throughout most
part of his experience, yet he had frequent and violent encounters
with the enemy: so that sometimes we find in the same paragraph,
acknowledgments of the great joy and peace which he felt, and
complainings of grievous temptations and trials. Take an instance or
two among a thousand, in his own words.

“I found in retirement sore struggles and deep consolation.” And

again, although love and joy lived and flowed in me, yet I wept and
made supplication, being strongly tempted of the devil. Ah, Lord!
Thou knowest my state, and trials! And my groanings are not hid
from thee! What conflicts with myself do I daily feel!

Some are tempted most in the beginning of their conversion,

some towards the latter end, and others there are, who are sorely
tempted throughout their whole life. The latter was his case. But
now especially, his natural faculties weakning in proportion to the
decay of his bodily strength, rendered him the fitter mark for Satan,
to attack with his last and most violent assaults, which therefore he
plyed to purpose. He could not however make him let go his
integrity: nor did he alter his sentiments, concerning any point of
Christian doctrine, or retract any thing he had formerly said relating
thereto. And as to the course of his most secret walking, altho’ on
the whole, he saw nothing whereof to glory in himself before God;
but rather was continually filled with holy shame and deep
abasements, at the disparity which he still perceived between
himself and his holy Lord; yet there was no particular sin since his
conversion, with the cherishing of which he could charge himself. To
which may be added, that in the midst of this hour and power of
darkness, he never once charged God foolishly; but on the contrary
he sought to him with groans, and tears, and cries, without ceasing!
 His sufferings both of body and mind were great beyond
description: but when we consider, thus did God permit concerning
him, it puts to silence every doubtful, evil reasoning on the head. By
constituting him a perfect sufferer, God thereby, made him the more
conformable to his suffering, conquering Son; that Man of sorrows
and acquainted with griefs! And rendered his condition not that of a
bastard, or base-born child, abandoned of God, and rejected; but on
the contrary, that of a beloved Son scourged and purified by his
heavenly Father, that he might thereby, more eminently partake of
his holiness and glory. And should heaven permit his conveying to us
his present sentiments, concerning his momentary afflictions, we
should certainly hear him pronounce to this effect.

For all I bless thee; most, for the severe;

Amidst my list of blessings infinite,

Stand this the foremost, “that my heart has bled.”

He had hope in his end, and therefore ceased not to cry to Jesus,
who was with him in reality all the while, in the furnace; and finally
appeared his friend and his beloved!

“Tryed to the last but not forsook;

But honour’d with distinguish’d grace,

Heaven-ward he cast a dying look,

And saw once more his Saviour’s face.

‘He’s come! My well-belov’d, he said,

And I am his, and he is mine!’

He spake, he gaz’d, he bow’d his head,

And sunk into the arms divine!”

On the whole, I profess, that although on my first hearing of the
afflictive scene through which he passed, I was more astonished
than at any thing I ever remember to have happened to myself or
others; remaining in dumb suspense, at what could be the cause of
so unexpected a procedure? Nevertheless, I am now inclined to
consider the whole affair as an argument, rather of his strength than
the contrary. His supporting at all under such extreme sufferings, not
a little demonstrates his great soul, and nearness of conformity to
God his Saviour,

“Who drank in his sad days of flesh

The potion by his Father given;

And bids his members feel afresh

The fierceness of the wrath of heaven.”

If thou faintest, saith Solomon in the day of adversity, thy

strength is but small: and by parity of reason, to stand in a time of
sore trial argues proportionable strength. Avert, my God, avert from
my soul, ill able to bear it, such a time of trial! O Jesus, by all thou
hast done and suffered; by thine agony, and bloody sweat, by thy
cross and bitter passion, by thy meritorious death; thy resting in the
chambers of the grave, thy triumphant resurrection, and ascension;
and by thy coming again in glory; in the time of sickness, in death,
and in judgment, deliver my soul, I beseech thee!
 In thy fair book of life divine,

My God inscribe my name;

There let me fill some humble shrine,

Beneath the slaughter’d Lamb!

O might I with my ♦closing eyes,

Thee in thy bloody vesture see,

And cast me on thy sacrifice,

Jesus, my Lord, remember me!

♦ “parting breath” replaced with “closing eyes” per Errata

The thoughts of being quickly loosed from the fetters of the

body, had often filled his soul with the most sensible delights,
desiring nothing so much as to see God: and the approaches of
eternity did often so enflame his desires, that he was sometimes in a
degree of transport. But after all that can be said on the head of this
his last scene, and indeed of the methods of God’s providential
dispensations in general, concerning nations or individual persons, it
seems the wisest and best method to rest in that sentiment, namely
not curiously to scan them; but rather to adore in humble silence,
his unsearchable judgments and impenetrable secrets!

Not deeply to discern not much to know,

Mankind was born to wonder and adore!