1 This third volume is dedicated to the UNITED STATES OF AMERICA, which may appear fingular, when it is confidered that M. CERISIER is a Roman Catholic, and, though a Frenchman, yet is no farther interested in the tobacco-trade of Nantz, than as it may concern his private pipe or fnuff box. He tells the confcript fathers of the Congress, in the spirit of a fanguine republican, that they have, now, given to the universe the fame grand fpectacle, that the States of the Netherlands exhibited with fuch glory in the fixteenth century. We do not mean to enter into a difcuffion of the grounds and principles of the American contest; we are rather difpofed to drop a tear of patriotic forrow, on the unhappy fpectacle of the British empire divided against itself. But we owe to the faith of history, and the cause of truth, the correction of an error, and a palpable one too, that has wrought its way into the minds of many, in the high tide of political animofity; and that error is, the fuppofing the Belgie and American revolts to be parallel cafes, founded on the fame principles, and conducted by the fame views and mctives. It would be fwelling this extract to too great a length, to point out all the ftriking circumstances that diftinguish these two momentous contefts-To rectify the error, now under confideration, it will be fufficient to obferve that, after the molt violent and bloody acts of perfecution and oppreffion, that, perhaps, were ever recorded in the annals of hiftory, the Hollanders in particular, and the Flemings in general, perfevered in their acknowledgment of Philip's fupremacy: they declared, perpetually, that they had no other object in view, than to defend their lives and privileges against the violent conduct, and fanguinary measures of the monter ALBA, until the Monarch, informed of the true ftate of things, fhould reftore them to their violated rights and liberties. In particular, the States of HolJand and Zealand, while they had recourfe to WILLIAM 1. as their defender, declared their intention to perfevere in their allegiance to PHILIP, and jointly with the immortal Hero, whom they had only chofen as a temporary chief, they addrefled to their fanguinary and defpotic fovereign an humble fupplication, which concludes with the following memorable words: Therefore do we lay ourselves at the feet of your Majefty, and beseech you, in the name of that God, who has placed the crown on your head and the fcepter in your hand, that you will caft an eye on our situation, and lend a paternal ear to cur just and affecting complaints: WE DO NOT DE SIRE TO BE EMANCIPATED FROM OUR SUBJECTION AND OBEDIENCE, but only that our confciences may remain free to God, that we may be allowed TO HEAR AND OBEY HIS HOLY WORD, in order to be qualified to give an account of our fouls to our Supreme Judge at the last day." Purfuant to this declaration, the most important edicts of thefe ftruggling heroes were figned with the Nn4 name name and feal of their fovereign: and after Haarlem had been buried in blood and afhes, and Leyden had fuftained that memorable fiege, which exhibits fuch a dreadful. fpectacle in the records of hiftory, the univerfity of this latter city was erected by WILLIAM I. by letters patent in the name of PHILIP II.Where now is the parallel? We fhall fay little, because there is little to be faid, of this third volume of M. Cerifier's hiftory. We muft, however, do him the juftice to observe, that the ftile and compofition are fomewhat more tolerable in this, than in the preceding volumes, though he has not, even here, got quite rid of his propenfity to regale his reader with trivial anecdotes and dirty ftories. It begins with the year 1555, and ends with 1584; and thus contains the hiftory of Philip II. fo far down as the death of William I. prince of Orange.-This portion of Belgic history has been often treated; many pens have been employed about it and about it; and yet the subject ftill deserves a more advantageous and interefting exhibition than it has hitherto met with.. One defect in particular will. ftrike the most candid reader in M. CERISIER's work, and that is, his perpetual efforts to exaggerate the diforders committed by the Proteftants, in their refentment and indignation against Romifh tyranny and fuperftition, so as to bring them as near as is poffible, and nearer than is true, to the intolerant and perfecuting spirit of his own church, of which he has the humanity and good fense to be ashamed, and which, indeed, he characterizes, in many places, with the greatest energy, and in the very strongest terms of disapprobation... ART. X. Prix de la Juftice & de l'Humanité.-Prize held up by Juftice and Humanity. 8vo. London (i. e. Paris). 1778. E fhould, perhaps, have paffed in filence this small work, as a fober production, which contains fome fenfible reflexions, and many trite ones; and on the whole is not above mediocrity, if we had not good reafons to believe that it is the work, nay, even the laft work, of M. de VOLTAIRE: that is, the laft in order of publication. Befide the word of one of our worthy fellow-labourers for this, which is truth itfelf in all cafes where he is well informed, there is fomething in the manner of this compofition, that bears evident marks of that celebrated Author, who has been fo long and fo juftly the object of admiration and contempt, of panegyric and fatire. The man is now dead-and we do not remember to have seen a more natural and eloquent funeral oration than that which our candid affociate above-mentioned compofed in three lines of a hafty letter to the author of this article; it is as follows: "Poor Voltaire! We bave loft an excellent contributor to our Journal, at leaft Least in the article of entertainment !—What shall we do for another None but himself can be his parallel. The Book before us now demands a moment's confideration; after which, we fhall give a general sketch of the intellectual, moral, and literary portrait of this celebrated man. The The Book was occafioned by an article inferted in the Gazette of Berne, February 15th, 1777; by which we learn, that an humane perfon, deeply fenfible of the inconveniencies that arife from the imperfection of penal laws in most of the ftates of Europe, had remitted to the Oeconomical Society of that city, a prize of fifty louis d'ors, to be given to the Author of the best Memoir on the following fubject: The compofition of a complete and finished plan of legislation, relative to criminal cafes, under these three articles or points of view: 1ft, A confideration of the nature of crimes, and of the proportion to be obferved in the punishment of them. 2dly, The nature and ftrength of proofs and prefumptions. 3dly, The manner of obtaining evidence by a criminal procefs, fo that clemency and mildnefs in the mode of trial and punishment may not be incompatible with the speedy and exemplary chaftilement of the guilty, &c. M. de VOLTAIRE feeing this advertisement, and having long imbibed the fpirit of a civil as well as of a literary legiflator, thought fit to addrefs, to the competitors for this well-judged prize, his ideas, or (what he calls his) doubts on this important fubject, that they may remove his difficulties (fays he modeftly), if they think them worthy of difcuflion. The articles on which M. de VOLTAIRE propofes his ideas and doubts, are twenty-eight in number, and relate to The preportion between Crimes and Punishments-Theft - Murder—Duelling-Suicide-Mothers who kill their Children-Many other Crimes ftuffed into one article-Herefy-Sorcerers-Sacrilege-Criminal Procedures on fcholaftic Difputes-Bigamy and Adultery - Marriages between Perfons of different Sects-Inceft-Rapes-Prostitution of their Children by Fathers and Mothers-Debauchery of Women with their Domeftics-Sodomy-Obedience to the unjuft Order of a lawful Power-Defamatory Libels-The Expediency of allowing Counsel to the accufed-Torture-Prifons, and the apprehending of Prisoners— Punishments in which Invention has contrived Refinements of Cruelty -Confifcation—The Laws of Lervis XVI. concerning Defertion– CONCLUSION. The greatest part of thefe articles are old morfels of jurifprudence and legislation, which have been ferved up feveral times, and have furnished entertainment under various forms. Some of them are ftill nourishing, and may be fed upon; others are light, fiimfy, and infipid. We fhall begin our account of this work with the second article concerning Theft, which contains feveral useful leffons of reafon and good fenfe, mixed with fome keen ftrokes of pleafantry and fatire. Filching, larceny, and theft (says M. de VOLTAIRE) being generally the crimes of the poor, and the laws being made by the rich, don't you think, that all governments, which are naturally in the hands of the latter, ought to begin by endeavour ing to deftroy beggary, inftead of spying out the opportunities of delivering it into the hands of the hangman? In flourishing kingdoms, edicts have been published to render that horrible multitude of beggars, the difgrace of humanity, ufeful to themfelves and to the public; but there is a great difference between laws and their execution: - A beautiful girl of eighteen was not long ago hanged, in an opulent city, for ftealing fixteen napkins from the hoftefs of an inn, who did not pay her her wages.Confider now the effect of fuch inhuman laws, as put a valuable life in the balance with fixteen napkins! Do they not evidently tend to multiply the crimes they are defigned to prevent? for where is the master of a family fo loft to all fenfe of honour and compaffion, as to deliver into the hands of the executioner a fervant, who has been guilty of a small theft? And what is the confequence? The crime is connived at the delinquent is turned out of the houfe-and, encouraged by impunity, fteals elsewhere, and often proceeds to higher degrees of robbery, and even to murder. The law is chargeable with these consequences: the law has occafioned all thefe crimes. The law, which punifhes, in England, with death, all larceny, where the goods ftolen are above the value of a fhilling, is not yet abolished. In that country where fo many laws have been enacted in favour of the people, to fmuggle a fheep's fkin is a capital crime; and Philip IV. of Spain, proprietor of the mines of Mexico and Peru, iffued an edict, which condemned to the gallows thofe that fent out of the kingdom a pound of gold, filver, or copper. -In France and Germany, thote who have robbed on the highway, and those who to robbery have added murder, are broke upon the wheel without any diftinction. How can magiftracy be fo blind, as not to fee that this manner of proceeding is, virtually, advifing robbers to become affaffins, that they may deftroy at once both the objects and the witneffes of their crimes? -In England, highwaymen rarely murder, because they are not driven to this expedient by a law, which does not fufficiently diftinguifh robbery from affaffination.-Punish, but not blindly: -punifh ufefully if Juftice has been painted blindfold, the must have reafon for her guide.' In the third article, relative to Murder, M. de VOLTAIRE follows the ideas of B.ccaria, and thinks this crime might be more ufefully punished by other means than by the death of the convict. But (fays he) I hear a multitude of citizens calling out against me, for the execution of the lex talionis-That villain, fays one, has put out my eye-That affaflin, fays another, has murdered my brother. We nutt be revenged: give me an eye of the aggreffor, who put out mine; give me the blood of the murderer, who cut my brother's throat.-To answer these people, you have only to addrefs yourfelf to them in the follow |