1718. Bonnet and thirty-three of his crew, for pi

racy in South Carolina. Executed.

6 vol. State Trials, 156. Salmon's Abr. 872.

1722. Christopher Layer, for high treason. Exe

cuted.

6 vol. State Trials, 229. Salmon's Abr. 878.

1666. Thomas Ld. Morley, for murder.

7 vol. State Trials, 421. Salmon's Abr. 299.

1710. George Purchase, for high treason. Pardoned.

8 vol. State Trials, 285. Salmon's Abr. 855.

Mawgridge, for murder.

9 vol. State Trials, 64.

Gregg, for high treason,

10 vol, State Trials, 77. Appendix.

Stevenson, for murder.

10 vol. State Trials, 462,

MISCELLANEOUS.

1. Opinion on the commitment of the Hon. Simon Butler and Mr. Oliver Bond by the Irish House of Lords in 1793 for contempt. Hargrave's Collection of Juridical Arguments, p. 1.

2. Opinion concerning Writs of Errour in Criminal Cases, other than Treason, Har, Juri. Argu. p. 403.

E. 3. Penal Code of the French Empire. Translated. Vid. 2 vol. American Review. Appendix. (Note 3.)

4. Emlyn's Preface to the third edition of the State Trials.

5. Hargrave's Preface to the fourth edition of the State Trials.

E. 6. Sir Wm. Jones's Inquiry into the legal mode of suppressing riots, with a constitutional plan of future defence. 8th vol. of his works, p. 460.

NOTES ON THE SEVENTH TITLE.

(Note 1.)

MENTS.

BECCARIA ON CRIMES AND PUNISHThis excellent little work is from the pen of Cæsar Bonesana, marquis of Beccaria. He was a man of pre-eminent talents, and no doubt of equal virtue; though his enemies, hostile to his liberal and philanthropick doctrines, have accused him of venality in the discharge of his official duties, and have compared him, both as to talents and corruption, to Bacon. Beccaria was much esteemed by the learned of his country, whose protection he needed and received, when persecuted on account of the principles contained in his "Essay on Crimes and Punishments." work was published in 1767, at Milan, and passed through six Italian editions in the period of eighteen months. The Commentary, which is appended to it, is said to be the production of M. De Voltaire, who

This

holds this little work to be in morals, what a panacea would be in medicine.

When we reflect on the genius of the government and religion under which the marquis lived, we cannot but additionally estimate the enterprise and boldness of the man who ventured to disseminate such wholesome truths. Happily for this land, we need no advocate for humanity, liberty, philanthrophy; they are indigenous growths of our soil, which need but little culture, and which, under any circumstances, can never, we hope, be entirely eradicated. Bonesana was born in 1720, and died in 1794.

(Note 2.) BENTHAM'S THEORY, &c. It is a matter of no less surprise than regret, that a work of such extraordinary merit as Mr. Bentham's "Theory of Punishments and Rewards," should thus long have continued unknown, not only to the students, but to the learned of our country. Five years have elapsed since the publication of this book, yet it is to be found in no publick or private library with which we are acquainted; and most of the booksellers, and many of the literati, have never heard of it. This remark proceeds from regret that nearly every ephemeral production which issues from the British press, finds an easy admittance, and a flattering reception among our countrymen; while works of singular excellence, and sound philosophy, are totally disregarded, or perhaps permitted gradually to elaborate their way to a partial

notice.

The eulogy, perhaps, is not unwarranted or too strong, that no where, among ancient or modern productions, is the philosophy of criminal legislation so ably and happily illustrated, as in the work under ob

sérvation. Mr. Bentham's predecessors in this channel have, without exception, failed in exhibiting a complete theory of the sanction of criminal laws; one resting on the basis of sound philosophy, and which might serve as a lasting and universal guide.

In the works of Grotius, Puffendorf, Montesquieu, Beccaria, &c. we do not find delineated even a rude contour of this very interesting subject, which, under the skilful management of Mr. Bentham, has assumed in all its parts the form and attitude of science.

The learned editor of this work, M. Dupont, who gives additional lustre to Mr. Bentham's pages, considers it decidedly superiour to any preceding production. He informs us that he undertook to examine the most renowned works on the subject, as well as those of less note, and arose from their perusal without hesitating to offer Mr. Bentham's production to the publick. "I was induced," says M. Dupont, "to collect together all that is scattered in the 'Spirit of Laws' on the subject of punishments and rewards, and I found that this collection would have occupied not more than ten or a dozen pages." "We hence see the folly of D'Alembert's assertion, so often repeated in France, that 'Montesquieu said every thing, and abridged every thing, because he saw every thing."" "Amid numerous thoughts either vague or loose,” continues M. Dupont, "and some that are erroneous, we meet with many which are certainly judicious and profound, as in all that we possess of this illustrious writer; but how far do they come short of a theory of punishment!" "Beccaria did more;" but still this and all subsequent writers, according to M. Dupont, have shed but little light on this very important topick.

The law student cannot fail in being much de lighted with this work; it is a book replete with original and philosophical thoughts, and sound practical observations, conveyed in a manner of peculiar force, and often in language of great novelty and appropriateness; in fine, in a style entirely Mr. Bentham's.

The whole skiagram, or analysis of his subject, we conceive to be as original as it is admirable; and the filling up every way suited to the excellence of the contour. The accuracy and clearness of his definitions, the fitness of his new words and terms, the zeal and learning displayed in the discussion and illustration of many novel and highly important topicks, and the light and conviction brought to the understanding on many hitherto involved and difficult questions, render this work not only eminently instructive, but uncommonly interesting.

Mr. Bentham displays much closeness and discrimination of thought in his observations on the attributes or qualities of punishments: these he holds to be certainty, equality, divisibility, analogy, commensurability, economy, exemplariness, remissibility, tendency to reform, deprivation of the power of injuring, convertibility into profit, simplicity of denomination, and popularity.

He likewise displays much ingenuity and philosophy in his remarks on what he denominates "Expense of Punishments," and his division of them into economical and costly; and likewise in his division of punishment into privative and corporeal, which latter he subdivides into simple afflictive, complex afflictive, and restrictive. So also, his observations on the end and measure of punishments, the infliction