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the 32d year of his age, Adrian Hope, Esq. of James Dove, Esq. and daughter of Arsecond son of the late John Hope, Esq. of chibald Douglas, Esq. of Adderstone, in Hartley Street, formerly of Amsterdam. the county of Roxburgh.

30. At Edinburgh, Robert Simpson, late 5. At Edinburgh, Miss Mary Patoun, builder, in the 71st year of his age. daughter of the late Francis Patoun, Esq.

Jan. 1. 1819. At Edinburgh, John At Palmerston, near Dumfries, Mr Brown, Esq. of Prathouse, W. S.

Meget, aged 80. He breakfasted with his At an advanced age, William Mar. family in his usual good health, and in two tin, Esq. of Highlaw.

hours was a corpse ! 2. At Liverpool, in the 420 year of his 6. At his house, near Hamilton, John age, William Boyle, Esq. of the house of Boyes, Esq. of Wellhall. Boyle and Strickland, Trinidad.

He was

At her house, Castle Street, the Hon. a native of the parish of Penpont, in the ourable Henrietta Napier, daughter of the county of Dumfries.

late William Lord Napier. At his house, 42, George's Square, 8. Suddenly, the Rev. Herbert Mends, Edinburgh, James Home of Lishouse, minister of the Presbyterian Congregation Esq. W. s.

in Batter-street, Exeter, in which situation At Bath, Dame Sarah Gordon, re. he officiated for the long period of 34 years. lict of the late Sir Wm. Gordon of Embo, 9. At Stutgard, her Majesty the reign. Bart.

ing Queen of Wirtenberg. 3. At Seafield, Ireland, Mrs Elizabeth 10. At Paris, Count Beauharnois, the Lett, in the 104th year of her age. Out of Ex-Senator, father of the Grand Duchess fifty-six children and grand-children, the of Baden. He was son of Madıme Beau: deceased was present at the birth of forty. harnois, known in the literary world for In her 59th year she was delivered of her several productions of merit, and cousin of youngest child, Charles Lett, Esq.

Count Alexander Beauharnois, Member of 4. At Rome, Maria Theresa of Parma, the Constituent Assembly, and first hus. Queen of Charles IV. of Spain, and mo. band of the late Empress Josephine. ther of Ferdinand VII. King of Spain. At her father's house, Abercromby This princess was born at Parma, on the Place, Edinburgh, Anne Maria Mair, 9th December 175), and was married on daughter of Colonel Mair, Deputy Goverthe 4th September 1765.

nor of Fort George. At Strokestown House, county of 12. At Edinburgh, Mr James M'Cul. Roscommon, in the 81st year of his age, loch, of the Royal Hotel. the Right Hon. Maurice Lord Baron Hart 13. At his apartments in Somerstown, land. His Lordship was married, in 1765, near London, after a lingering illness, Dr to the Hon. Catherine Moore, daughter of John Wolcot, so well known to the literary Stephen Lord Viount-Cashel, and is sur world under the name of“ Peter Pindar," vived by her lilyship, by whom he has in the 81st year of his age. left issue, the Hon. Major-General Tho

At Aberdeen, Mrs Elizabeth Ar. mas Mahon, now Lord Hartland, Lieu- buthnot, wife of William Forbes, Esq. of tenant-Colonel of the 9th dragoons ; the Echt. Hon. Major-General Stephen Mahon, Lieu. At Duddingston Manse, Mary He tenant. Colonel of the 7th dragoon guards ; len, youngest daughter of the Rev. John and the Hon. and Rev. Maurice Mahon, Thomson. one of the Prebendaries of St Patrick's Ca. At Perth, Robert Marshall, Esq. thedral

14. At Nelson, Mr Allan Craig, student At Kelso, on the 19th of October last, of divinity, fourth son of George Craig of Robert, aged 21; on the 22d ultimo, James, Kirkton, Esq. aged 26, sons of Mr Robert Scott, Fans, At Hinton St George, in Somerset. and this day Janet Cochrane, his wife, shire, Earl Paulet. The Noble Lord, on aged 59.

the preceding evening, had directed the hor. At London, Mrs Hamilton Ann Ha ses to be put to the post chariot early the thorn Stewart, widow of the late Dr Wil. next day. At five o'clock in the morning, liam Cunninghame, physician at Bristol. the Countess was alarmed by the sudden

5. At Kilmarnock, George Rutherford, indisposition of the Earl; he was seized Esq. cashier, and one of the partners of the with an apoplectic fit, and never spoke Kilmarnock Bank.

afterwards. His Lordship lingered until – At Edinburgh, in the 28th year of eleven at night, when he expired, in the her age, Mrs Catherine Rachel Dove, wife 63d year of his age.

George Ramsay and Co. Printers.

THE

EDINBURGH MAGAZINE,

AND

LITERARY MISCELLANY,

BEING A NEW SERIES OF

The Scots Magazine,

MARCH 1819.

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CONTENTS. ORIGINAL COMMUNICATIONS.

Campbell's Specimens of the Britisha Historical View of the Progress of Opi.

Poets

.248 nion on the Criminal Law and the

A First Book of Gcography, &c. Punishment of Death.............195 Poems by Gall, Knox, and Gibson.....252 Letters from the Lakes. No. 1.cara...202 Law's Memorialls of his own Times : On the Poems of the most deservedly by C. K. Sharpe, Esq..........254 admired Mrs Katharine Philips, the

ORIGINAL POETRY. Matchless Orinda

.203 The Princess Eleonora

Sunrise.--To the Rose. - The Mourn

206 Kean's Othello

209

ful Harp.-—The Eye, a Fragment. Historical Notices of the Scottish Her

-The Picture.-- The Stormy Eve....237 ring Fishery

,216 LITERARY AND SCIENTIFIC Customs and Superstitions of the Scot

INTELLIGENCE. tish Peasantry at Births ard Burials..219 Bank Notes.-Galvanism.-Mr Adie's The Education Committee and the

Sympiesometer, &c. Pedestrian Quarterly Review commancare

mor.224

Hobby-horse.- Icelandic Literature, On Poets and Poetry

228

-M. Belzoni, &c. &C...............259 Discipline of a Parish School in 1640.231 Works preparing for Publication ...262 Considerations on the proposed Repeal

Monthly List of New Publications of the Usury Laws ...

.233 A true History of a dreadful Accident

MONTHLY REGISTER. that happened last Fastern's Eve, Foreign Intelligence.com.com.mm

266 being a Warning to all RESURREC Parliamentary Intelligence

ib. TION MEN ...cor...... 237 | British Chronicle .......

268 On the Spring -238 Royal Establishments.com

271 Original Letters of Lord Lovat and Za

British Army in January 1819........... 273 chary Boyd....... .239 British Legislation.

-274 Loch Lomond and Salisbury Craigs.....241 l’atents

mar -275 Remarks on Dr Chalmers's new Vo

Appointments and Promotions.row......276 lume of Sermons............comm...242 Meteorological Report

278 Agricultural Reportramwanan

-279 REVIEW OF NEW PUBLICATIONS. Commercial Report............. Mr Duncan's Letter on Saving Banks. 246 'Births, Marriages, Deaths...........

„284

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281

EDINBURGH: PRINTED FOR ARCHIBALD CONSTABLE AND COMPANY.

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The Correspondents of the EDINBURGH MAGAZINE AND LITERARY MISCELLANY are respectfully requested to transmit their Communications for the Editors to ARCHIBALD CONSTABLE and Company, Edinburgh, or LONGMAN and COMPANY, London, to whom also order for the Work should be particularly addressed.

Printel by George Ramsay & ('0..

THE

EDINBURGH MAGAZINE,

AND

LITERARY MISCELLANY.

MARCH 1819.

ORIGINAL COMMUNICATIONS.

ter.

OF OPINIONON TIE CRIMINAL LAW
AND THE PUNISHMENT OF DEATH.

HISTORICAL VIEW OF THE PROGRESS gainst crimes acquire a miller charace

For laws, as is remarked by the author already quoted, ought not on

ly to protect the lives and promote A restless love of change is a bad the peace of society in general,--they thing; but a blind hatred of all change ought also to consult the happiness of is still worse. Change, which implies individuals; to provide for their subaction, must produce experience, the sistence,--to prevent occasions of disparent of wisdom; but an obstinate cord, -to form their hearts and minds adherence to what is, merely because by inspiring them with such sentiit is, excludes the possibility of im ments as may promote the harinony provement. Rash innovation is dan- and peace of families. gerous, not because our ancestors were Had the penal code of this country necessarily wise, but because the ha- been severe only in its origin, we bits, views, and feelings of society might have shared the disgrace with cannot be altered at once by any le- the Egyptians, Greeks, and Romans; gislative enactment. The peace of but the stain which will be most difsociety requires that the public law, ficult to remove from us is, that the and the public mind, should harmo- greater number of our capital felonies nize with each other. It is equally are comparatively of recent enactperilons to step far before, or to stop ment; and that, while the other nafar behind the public sentiment. Go- tions of Europe have been softening guet has well and justly said, that their laws, we have been going on, lenecessity, occasioned by the crimes gislatively at least, in a contrary diand disorders which every where pre- rection. We bave thus become a bye. vailed, rather than deep reflection or word abroad ; and the facility with foresight, put mankind upon making which penal laws may be enacted, has laws. It is absurd, therefore, to look long been a bye-word even at home. uniformly for wisdom in what is hand- And, what is still more remarkable, ed down to us by our forefathers. the legislature of the country has been Neither should we take it for granted, proceeding in this extraordinary manthat every thing that is old is rust or ner, while the tide of public opinion cobweb. It is our duty to preserve has been rising higher and higher awhat we have, till we have all the gainst capital punishments. We have certainty that can be attained in mo at present, we believe, above 200 carals, that something better can be pital felonies in our statute-books. substituted. We should neither be Four of these were constituted in the faile nor obstinate. But, without reign of the Plantagenets; in that of being either the one or the other, we the Tudors i wenty-seven ; in that of may easily perceive that all coercive the Stuarts, thirty-sir; in that of the laws originated in resentment, and we Brunswicks, one hundred and fifty-sir. need not wonder, therefore, that se But, notwithstanding the temper of terity disfigures all early codes, and our Parliaments, the general opinion that as society advances, the laws a has triumphed in practice ; for execu

tions have lessened in proportion as theft, or other offences, (which, though the laws awarding capital punishments in themselves heinous, are too lighthave been increased ! So opposite, in especially in countries professing Christ. this respect, is the law from the prac- ianity-to be punished with death,) tice, that it has become an exception thar. by subjecting them to ignomito the rule where the law takes effect! nious stigmas or mutilation.' ExThere must be something radically actly a century afterwards, that is, in wrong in the system which presents 1620, LORD Bacon states, in one of such a phenomenon. It is one, in- his aphorisms on universal justice, deed, productive of many evils ; but that so certainty is so essential to a before proceeding to examine these, it law, as without it a law cannot be may be prudent, for the purpose of just ; so, if the law give an uncertain both interesting and convincing our sound, who shall prepare himself to readers, to take a short review of the obey? A law, then, ought to give warnprogress of public opinion ; since au- ing before it strike; and it is a good thority in cases of this description is rule that is the best law which gives sometimes of more consequence than least liberty to the arbitrage of the reason.

judge, which is that the certainty T'he two great maxims of modern thereof effecteth." We shall show times are, that certainty in the law is by and by how systematically this better than severity, and that it is of rule is violated under our existing much more importance to prevent laws and practice. In the mean time, crimes than to punish them. But we give another of his lordship’s aphothese principles are by no means new. risms. “ The prophet saith, Pluet So far back as the year 1520, Sir Tho- super eos laqueos ; now, there are no MAS MORE, speaking of the boast of worse snares than the snares of law, English lawyers of the strict execu- especially penal; if they be immense tion of the laws against thieves, inso- for number, and, through the alteramuch that there were sometimes twen- tions of times, unprofitable, they do not ty hung on one gibbet, and their won- present a torch, but spread a net to our der, that, since so few escaped, there feet." This is the essence of what has were yet so many thieves left, said, been so fully exposed and demonstrat“ There was no reason to wonder at ed in our own day by Mr BENTHAM, the matter, since this way of punish -a striking proof that reason proing thieves was neither just in itself ceeds slowly in vanquishing prejudice. nor good for the public; for, as the Reason put forth her voice early, but severity was too greut, so the remedy her warnings were neglected; she exwas not effectual, simple theft not be posed evils, and insisted on a timeous ing so great a crime that it ought to correction of them, but she was dice cost a man his life,—no punishment, regarded ; and it was not until crimes how severe soever, being able to re increased so as to threaten the very strain those from robbing who can find dissolution of society, that necessity, out no other way of livelikvod. There which first put men on the making of are dreadful punishments enacted am laws, put us also to the undoing of gainst thieves ; but it were much bet- them. ter to make such good provisions, by Sir WALTER RALEIGH, a contemwhich every man might be put in a porary of Bacon, is also an advocate method how to live, and so be pre- for clemency in the administration of served from the fatal necessity of steal- justice. Sir EDWARD COKE, another ing and dying for it. If you suffer contemporary, andastill greater authoyour people to be ill educated, and rity, mentions, that, even in his time, their manners to be corrupted from it had been found by woful expetheir infancy, and then punish them rience, that it is not frequent and of for those crimes to which their first ten punishment that doth prevent education disposed them, what else is like offences ; melior est enim justitia to be concluded from this, but that you verè præveniens, quam severe' puniens ; first make thieves, and then punish and it is a certain rule, that videbis ea them?” About the same year, (1520,) sæpe committi, quæ sæpe vindicantur. Erasmus remarked, that “ the civil Those offences are often committed magistrate would act more judiciously that are often purished; for the freby employing upon public works cri- quency of the punishment makes it minals convicted of certain kinds of so familiar as it is not feared. For

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