Page images
PDF
EPUB

øreparations, pursuant to the following Upon this message, the Earl of Sunderreport of the Committee:

land moved to allow the Commons a forts * That the Committee had met leveral night The Duke of Devonfhire' faid, times, and made some progress in the mat- Twelve days were sufficient." The Lords ters to them referred; but that the profecu- Trevor, Harcourt, and others, infitted tion of the impeachment having been inter- that, the Lords træving fixed a day for the rupted for fo many months, by the interven- triat, rley ought nor to grant any farther tion of many weighty and urgent affairs, time : bat the Duke of Devonshire's mowhich more nearly and immediately con- tion for twelve days was carried by sevencerned the welfare, defence, and fecurity of ty-fix againft fifty-seven; and the 34th of the kingdom, it was become abfolutely ne- fane was appointed for the day of trial, cessary for those, who fhould be appoint of which notice was sent to the Commons. ed to manage the impeachment, to red Upon this the Commons; to let it be view and carefully perufe all the treaties, feen that they'resolved to go on with the records, letters, and other papers proper trial, voted the preparatory orders, and and necessary for fupporting this prosecu. appointed the Committee, with four other tion; which being voluminous, it would Members, 'to be the managers to make be impossible, within the time appointed good the articles of impeachment. for the trial, to adjust and apply the proper

( To be continued.] evidence to the several articles,

ANECDOTE of the present 'FRENCH KING. TOTHING can more endear a Mo, Well-beloved, with which Adulation had more illuftrious in the estimation of the The Prince de Mont barey lately proThinking and the Good in all countries, lented a lik to his Majesty of the young than when he difpenfes his bounties with a Gentlemen, who were candidates for the fingle eye to the claims of Humanity, un vacant places in the Milicary School. In influenced by the ignoble views of Party, this list were a great number who were or the interested folicitations of the Great very Atrongly recommended by persons of and Afluent. Of this his most Chriftian the higheit rank, 'Since these,' said the Majesty, bas lately given an infance, whichi, King, have no Protectors, I will be their while it bespeaks the goodnels of his heart, Friends, and he inttantly gave the precannot fail to give him the nobleft right to ference to them. the appellations of the Great and the

[ocr errors]

OBSERVATIONS on ARRESTS, IMPRISONMENT, for

Debr, and Acts of GRACE. [ From Mr, BURKE's Speech, at the Guildhall, in Bristol, previous to .: 5: the late Election for that City]

IT *HERE are two capital faults in our that punishment is not on the opinion of One is, that every man is prefumed fol- ferred to the arbitrary difcretion of a privent. A presumption, in imumerable vate, may interested, and irritated, indicales, directly against truth. Therefore vidual. He, who' formally is, and fubthe debtor is ordered, on a fuppofition of ftantially ought to be, the judge, is in rearability and fraud, to be coerced his liberty fity no more than minifterial, a mere exeuntil he makes payment: <1By this means, cutive inftrument of a private man, who is in all cases of civil infolvency without a at onte judge land party. Every idea of pardon from his creditor, he vis to the im judicial order is fubverred by this proceprisoned for life

kand thus a miserable dure." If the infolvency be no crime, miftaken sinvention of artificial science why is it punified with arbitrary imprisonoperates to change a civil into a criminal ment? If it be a critne, 'why is it da!ilet judgment, and to fcourge misfortune or ed into private hands to pardon withont indiscretion with a puniment which the discretion, or to punith without mercy and Jaw does not inflict on the greatest crimes. without meafure? The next fault is, that the inflicting of To these faults, gross and cruel faults

in

in our law, the excellent principle of Lord oppose this bill, we fhall be found in s Beauchamp's bili applied some sort of re- ftruggle againft the nature of things. For, medy, I know that credit must be pre- as we grow enlightened, the public will not served: but equity must be preserved too bear, for any length of time, to pay for and it is impossible, that any thing ihould the maintenance of whole armies of pribe necessary to commerce, which is incon- loners ; nor, at their own expence, fubfiltent with justice. The principle of credit mit to keep jails as a fort of garrisons, was not weakened by that bill. God for- merely to fortify the abfurd principle of bid! The enforcement of that credit was making men judges in their own, caufe. only put into the same public judicial hands for credit has little or no concern in this on which we depend for our lives, and all cruelty. I Tpeak in a commercial Aflemthat makes life dear to us. But, indeed, bly. You know, that credit is given, bothis business was taken up too warmly both cause capital must be employed; that men here and elsewhere. The bill was ex. calculate the chances of insolvency ; and tremely mistaken. It was fupposed to they either withhold the credit, or make enact what it never enacted; and com. the debtor pay the risque in the price. plaints were made of clauses in it as novel. The counting-house has no alliance with ties, which existed before the noble Lord the jail. Holland understands trade as that brought in the bill was born. There well as we, and the has done much more was a fallacy that ran through the whole than this obnoxious bill intended to do. of the objections. The Gentlemen who There was not, when Mr. Howard visited opposed the bill always argued, as if the Holland, more than one prisoner for debt option lay between that bill and the ancient in the great city of Rotterdam. Although law.--But this is a grand mistake. For, Lord Beauchamp's act (which was previpractically, the option is between, not ous to this bill, and intended to feel that bill and the old law, but between the way for it) has already preserved liberthat bill and those occasional laws called ty to thousands; and though it is not a&ts of grace. For the operation of the three years since the laft act of grace palled; old law is so savage, and lo inconvenient yet, by Mr. Howard's last account, there to fociety, that, for a long time past, once were near three thousand again in jail. I in every Parliament, and lately iwice, the cannot name this Gentleman without reLegillature has been obliged to make a ge- marking, that his labours and writirgs neral arbitrary jail-delivery, and at once have done much to open the eyes and to set open, by its sovereign authority, all hearts of mankind. He has visited all the prisons in England.

Europe, --not to survey the sumptuousness Gentlemen, I never relished acts of of Palaces, or the stateliuels of Temples ; grace ; nor ever submitted to them but not to make accurate measurements of the from despair of better. They are a disho- remains of ancient grandeur, nor to form nourable invention, by which, not from a scale of the curiosity of modern art; not humanity, not from policy, but merely to collect medals, or collate manuscripts : because we have not reom enough to hold --but to dive into the depth of dungeons ; these victims of the absurdity of our laws to plunge into the infection of hospitals ; we turn loole upon the public three or to lurvey the mansions of sorrow and pain; four thousand naked wretches, corrupted to take the gage and dimensions of mifery, by the habits, debased by the ignominy of depression and contempt; to remember the a prison. If the creditor had a right to forgotten, to attend to the neglected, to those carcafes as a natural security for his visit the forsaken, and to compare and colo property, I am sure we have no right to late the distresses of all men in all couptries. deprive him of that security. But, if the His plan is original: and it is as full of few pounds of Aeth were not necessary to genius as it is of humanity. It was a his security, we had not a right to detain voyage of discovery ; a circumnavigation the unfortunate debtor, without any be- of charity. Already the benefit of his lanefit at all to the person who confined bim. bour is felt more or less in every country : -Take it as you will, we commit injuf I hope he will anticipate his final reward, tice. Now Lord Beauchamp's bill inten- by feeing all its effects fully realized in his ded to do deliberately, and with great own. He will receive, not by retail but ia caution and circumspection, upon each gross, the reward of those who visit the several cafe, and with all attention to the prisoner ; and he has so forestalled and just claimant, what acts of grace do in a monopolized this branch of charity, that much greater measure, and with very little there will be, I trult, little room to menit care, caution, or deliberation.

by such acts of benevolence hereafter... I suspect that bere too, if we contrive to

Aca

Account of the Rev. Mr. MADAN'S THELYPTHORA,

or, Treatise on FEMALE RUIN. We will not a picipate the release of the Old Testament, from the ble lingue

whieh attended them, laws initipossible consequences of the filern of Poly- tuted for their regulation. gamy, of which Mr. Madan has avowed He labours much to reconcile a fyftem himself ihe ther uous defender. The fub- of this kind 10 the tener of the Gospel dira ject is of monent enough to atteet our pensation. He afferts, that there is nog notice, lince, to say the least, if Mr. one text in the New Testament that ever Madan's Syliem bé once established, it hints at the criminality of polygary; and, will very materially affill ihe deareft in- from St. Paul's direction, that Bitups tereffs of society.

and Deacons should have but ose wife, His fiuft chapter treats of marriage as a he infers, that it was lawful for the lait, divine inftiruijon. From (be command

to have more. given to our fiift Parnis te infers, that But Polygamy be also thinks to be marriage simply and wholly confils in the highly politic in a civil and domestic view, act of personal union. This he attempts It is to be feared, says he, that there are to fupport hy many plaufibie arguments. pot a few fernales, who take the advan

The second chapier treats of the lin of 'tage of the poor husband's fituation, to use fornication, or the promiscuous in:ercourte bim as they please; and this for pretty, of single perfons, whe, for fentual grati-nuch the fame reason why the ass in the fication, or for hive, cunfatto a tempora. fable if sulted the poor old lion--becaute it ty vnion. He condemns, in course, the is not in their power to tesent it as they keeping of midtrefles; and treats of the ought. The advice which King Aladifference between them and the concu fuerus received from his wife men, upon bines that were pergitted to the Jews. Queen Valhui's disobedience, would have The latter were a lower class of wives, an excellent eff &, could it be followed. and an union with thein was confidered as Many a high-spirited female would have indissoluble ; while the former do not deem too cogent a reason againt the indulgence themlélves bound by any law, divine or of a refractory di polition. Her pride, human, to preserve a permanent connec

which is now her husband's torment, tion with their keepers.

would then became his fecurity; for p idle In the third chapter our author confiders is a vices wbich, as it tends to felf-exaltathe nature of adultery, which, he ob- tion, maintains universally its own prinferves, 'is never used in Scripture, but to ciple not to bear a rival. Our Readers denote the defilement of a betrothed or will not fail to refer to this case in the first married woman ; except in a figurative chapter of Ether. Mr. Madan deplores sense with regard to idolatry, in which the the lad bondage of Englishmen, who cansame idea is exactly preserved. A mar- not avail themselves of this ancient priried man, in his idea, is no adulterer, if vilege. his commerce with the sex be confined to His fifth chapter is employed in extasingle women, who are under no obliga blishing the doctrine of Poygamy, by retion by espousal or marriage to piher men. Dewing the sanctions of the old law, ' His It was requisite to contend for this point, position is that Chrift was not the giver for the sake of vindicating the honour of of a new law,'—that the botinefs of inarpolygamous contracts. If a married man riage, polygamy, Sec. had been feitled bewere bound to one woman, by the fame fore his appearance in our world, by an ties isy which a woman is bound to her. authority which could not be revoked, husband, the polygamist inutt be an adula and which it was the great olject of our terer. Our Author enters largely into Saviour to confirm and sindicit. Ils this subject in his fourth chapter, in which leads him to obuiart, 30 dhij Clion vise the queition concerning Palygany is dit might arfe som violin, Vei. 34, 31.--culled with great ingenuity,

xix.,9. Luke xki. 18--but with it bar Mr.Madan confines the privilege ofpolva Tarels will be icen bestefice, gamy to the man, and thews the fatal conle. Iachp 6, wbich begins the ad volume, quences that would retuli from extending het: eats of D:vorces, iu the language of it to the woman. 'Ile irfers the invfuka re von and religion. S'erlue be will not ness of this pradice from the polyginous lote light of his fa7qw!te cos'c-priye connections of the Passiarchs and Saints gamy. He wil nut ailuti, ihas any co

twior

Qa

[ocr errors]

te ior engagerer.i on the man's fide with fo doing, unless an outward ceremony of any rimlir of wives can be a jult bar, in man's device be fit pertormed, is to punctat lenca, 10 new engigenen's fav what the Bible bath no where faid. But pe fame kord: but the wcinan, why All that God hath fait in fuch a care, in Ilu'd die io hore hunt indigue with that they hall be one flesh--that the Chail aliyuthu but hér tilbud, would be an be the man's wifc-and shat he may not at it'tets, and wih berpumour, ought pot ber away all his days.' So that all iu int punith I w 1:41dca n.

devices that hinder the operation of this Thiet-venir choperuets" of marriage law, are only so many Inares la d for the in a civil vice, as ite object of human contcience.' 1.ws. Under this herd, he conliders the It now behoves us to be cautious that Iste Mariage A&t, which he avers to we do not ditgult by the tedious disqusiabe a facrilegious attempt to repeal the laws tions of verbal cricim. We fiarter our ef Heaven. Indeeil, fome of his obftrva- felves that we fhuli be able to gratify the tions on th's lead well deserve the confi- curiolity of our Readers in general with deration of the Legillature. Returning to reject to the main argument and sendency his favourite su' je, he says, that if of this Work; anıt, as to the incre tearnpolygamy were alluwid in Christian coun- ed, whio aje fond of the abitrufe iathies, the Mahometans and Chinese might tricacies of critical invettigation, they will Da induced to embrace the truth as it is doubtlels consult the original. in Jefus.'

Mr. Madan lays the great ftress of bis In his eighth charter, un' Superstition,' argument on the Hebrew words used in Mr. Mudan thinks the Refurmation haih Gen. ii. 24 to express the primitive inbut partially effi ced its great ends, while, ftiturion of marriage. Our tranflation, at the fame time, it permits the Clergy says he, fait ceave TO bis quite'the comfort of a wise, it will nor gratity doth not curvey the idea of the Hebrew, The laily with the praceable enjoynient of which is literally fall be joined, er

cimenied N bus duoman, and i bey fball be. « The Paloufv of God over his laws,' cime (i. e. by this union) cue flejo,'is the foi?;ct of his oth chapter. lle The more,' Trys he, • I have searched produces in any iritances of God's judge the Scriptures, the more I am convinced, ments on those who tranigrefs them. One that Gud never appointed any thing, as wcul think that this chapter was intend to the mauer ot' that union, by which the ed to frighteń weak apprehensive fou's into man and woman become one Helh, but polygamy. But his presumprunns and this comeuling IN, the very effence of dogmatical larguage rather excites erro. which is expeted in the Hebrew; though tons of dilgutt a d indignation.

our trandators might ihink it more decene In the tin:h chapter, he endeavours to to render is as they have done, without gir. prove the great advantages of the Jewila ing the IN its liliral and usual iinport. institutions over ours with regard to popu But the learned Reader will tatily fee lution. And oblerving that his design was through this paraule of biblical learning, 10 remedy the detcets of the latter, be re He will be sensible that the terms in quricommends the wbole to the serionis con tion mean timp!y and literally aliasbixent Leiteration of all men, and particufarly of adherence, and are evidently uku in the Lrgi alue.

Scriprure to express the whole scope Alier this mort vit w of this celebrated of conjugal fidelity and duty, though performance, it is time to attend to the this Author would reltain thein to ine ellential interests of virtve and religion, by groffer part of it. Whoever will consult exporing tlie failacy of this Author's tea Deut. iv.

4.

and Joihua xxiii. 8. in fusing,

The original, will find the very words on We have already given his idea of mars' which Mr. Madia lays fuch fingular viage. "Its ellene,' tys he, lies in the ftress, mide ofe of to express fidelity and aun of man and woman as one body; alherence to the Lord. 'In Aets v. 36, for which evident reason, no outward ces the very word, which our Autor would remonies of inan's invention can acht to or apply folely to the conjugal act, is used in Liinnith from the effects of his union in its more general and obvious acceptation, the light of G' 'This doctrine is more and limply means adherence. Theudas Thongly exprefled in Vol. II. page 173. - whom a number of men joined them. . To fy that a virgin who delivers herfelt stives.' into the notition of the man of her choice in the earliest ages of the world, and with an intcut to become lis wife, fins in amongit the most uncivilized people, fome

thing more than the bare at of cohabita every intent, in the right of God, man tion hath been found effential to give bo and wifi, upon our Author's plan, and do nour and validity to the union of die Jaw could put them alunder, because they fexes. It is foreign to the argument to re had been joined by a Divine ordinance. cur to the union of our firit Parents, in And yet from this p fiige in Exodus we order to discredit the marriage forms; be. learn very clearly, in a parent had the caufe fo extraordinary a case as the mar power of dilannuiling every ch'igation riages of their imincdiale offspring, can arılırg from an union of this nalure: the never be produced as a precedent for fu. confequence is, that this vnion was not ture times. Nature, as well as cutlom, indilioluble; as it muit necessarily have abhors an inceltuous conneclion; yet been, in spite of the authority of any p... without such a connetion originally che rept whatever, if Mr. Madan's suppoli. world could not have been peopled. tion were true. To evacie the forre of inis When the earth was filled with iphabi objetion, which would annihiate his tants, the forms of religion and policy wbole fyltem of marriage, he gives the folwere adapted by the wildön of the Creatur lowing th:ewd turn to the ranllation of to the condition of mankind, and render tne pallage above quoted. If a man ened subservient to the interests and bappiness çice a maid, &c. THOUGH the father of society.

utterly refuse to give her, he hall pay We consider the Mofaic Law as a local money,' &c.

• This,' favs our Author, and temporal inftitution, and admire it be js but explanatory of what goes

because it perfectly answered the ends for fore, he mall surely endow her to be his which it was appointed. But every itate wife,' by paying the dower into the hancis is at liberty to adopt that part of it which of ihe father after the marriage, as was best suits its conftitution, and so far as is usually done and ought to have been done polity is inconsistent with the genius of beforeband. The dower is surplej 10 that conftitution, fo far it may and ought be the portion paid by the hufbind irto to be rejected. As to the Moral Law, the hands of the bride, or her fa ber, as a that is, indeed, the balis of justice in every kind of purchase of her person. This is ftate, because its rules are founded on the to this day the practice of several caitern common principles of human nature, and nations; and this was not to be withheld are inteparable from the general order and because the husband had married the wointeretts of mankind.

man without or againg her fa:her's conThe laws respecting marriage are evi sent. In thort, the man was not to take dently peculiar, in many cases, to the ge advantage of his

wrong. But nius of that circuinfcribed policy, which I baugh (not /] ile father refused or not, was intituted for the preservation of the the coway must be paid according to law Jewish people, and wtie admirably cal We muft here remark, that in eo culated io answer the great end of their le. very infance (except perhaps in one) which paration from the Gentiles.

Mr. Madan haib praclucau lo currohorite Our author obferves (Vol. I.p.23 ) that , bis tranflarion, ine word which he rendres though we find every particular down to THOUGH, might as properly he transla'the very pins of the Tabernacle, every riie, ted IF; and in uinety-nine ex:"mples out oven to the minarett circumftance, exactly; of a hundred it is ufed hypothetically delineated to Moles, by the pattern fewn through the whole Bibie. him in the Mount, yet we hird no mar.. But the police in question establimhin riage-fervice, or religious, cereniony of an its own meaning by the clearett evidence. our ward kind, so much as mentioned. On the contary, Mi. Mudan's hypornelis The butiness v marsiagis as at fint oda:nt overthrows itfelf; for i virtually annihi. ed, was confined to the one sinple act of lateş tiat paremal authority, which makes union.'

fuch a diltirguishing part of the Jewish To fupport this hypothefis, Me: Madan, cyle. If a faiher unerly refuled to give .) is under the neceffity of obviaring a very his daughter to the man who to cited her

capital objection, that naius :!ly 'avisés in marriage, he was not denied, on our from Exod. xxii. 16, 17, if a man Author's conjecture, ine privilegt of gelentice a maid, that is not betsorbeil, and zing ber without his content. If he could lie with her, he hall fusely endow bier to he enjice her to lie with him, the inarriage his wife. If ber faiber utterly refuse to was comple:ed" hy that ve y deeti; ror give her usito bim, be thall pay morey ac- could the authonty of the parent destiny cording to the dowry of vigins' Now, the union. Nu puniment was to be init marriage be actually completed by the filled on the daughter for this gro's vive one simple act of union, they were to lation of duiy, nor any extreaordinary

QI 2

mula

own

[ocr errors]
« PreviousContinue »