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 obferve, 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 propensity to regale his reader with trivial anecdotes and dirty ftories. It begins with the year 1555, and ends with 1584; and thus contains the history 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 still 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 Romish 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 fenfe to be afhamed, and which, indeed, he characterizes, in many places, with the greateft energy, and in the very ftrongest terms of difapprobation...

>

ART. X.

Prix de la Juftice & de l' Hun.anité.-Prize held up by Juftice and Humanity. 8vo. London (i. e. Paris). 1778.

WE

E fhould, perhaps, have paffed in filence this fmall 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 have loft an excellent contributor to our Journal, at

leaft

Voltaire's Prize held up by Juftice and Humanity.

545

Laft in the article of entertainment!-What shall we do for another
Voltaire ?" There is really here a good deal of that pathetic
fimplicity, which has been fo much admired in David's lamenta-
tion for Abfalom, by good judges of poetry and eloquence.
We even think it deferves a perpetual commentary-" Poor
Voltaire!" The word poor, here, is the genuine effufion of hu-
manity---it is a figh made wifible, fent forth in words---it is the
natural expreffion of what the mind feels, when it contemplates
a joker by profeffion, in a winding-fheet.---It is true, a critic
may object, that this epithet poor fuppofes the deceased to have
been a good fort of a man-a humane being-what the French
(who are remarkable for accuracy of thought and expreffion) call
à bon diable, i e. a good devil; whereas poor Voltaire was rather
a devil of the mordacious kind, who under cover of a grin often
fcratched, fometimes bit, and occafionally tore, the objects of
his difapprobation and pleasantry. The objecting critics would
therefore, in all probability, propofe to read the paffage other-
wife, and instead of poor Voltaire, fubftitute poor devil; for fuch,
indeed, muft a man of his turn be, when he can scratch, and
bite, and tear no more.---We, however, think, faving the bet-
ter judgment of thefe critics, that the penfive ejaculation "Poor
Voltaire!" may fstand its ground, though we allow, that, with
respect to the accuracy of the epithet, much may depend upon
the manner of pronouncing it; and if the Reader defires an il-
luftration of this by examples, we refer him to the Scotch orator
H rr--s, who will spout the manner of pronouncing it, for a
fuitable number of bawbees. But let us proceed in our com-
mentary--"We have loft an excellent contributor to our Journal"---
As various motives may concur in producing those effufions and
actions that have the greatest appearance of fimplicity, so these
words are the mixed lamentation of felf-love and good-humour;
---but the following words, " at least in the article of entertain-
ment," are remarkable: they modify the extent that Free think-
ers might be difpofed to give to the preceding phrase---We have
loft an excellent contributor to our Journal; and, indeed, they con-
tain a palpable truth; for (if we may be allowed to apply here
ą well-known expreffion) there was really, in Voltaire's literary
pantry and ftable, entertainment both for man and horfe.---The
laft words of this funeral oration are deep in pathos-"What
fhall we do for another Voltaire ?"-What fhall we do? This is
the language of anxiety, diftrefs, perplexity, defpair!-Add to
this interrogation a fuitable fet of features, and the imagery of
defpondency will be complete. What fhall we do for another Vol-
taire? Why, really, Brother, I do not know-because

None but himself can be his parallel.

The Book before us now demands a moment's confideration; after which, we shall 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 states 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 fpeedy 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 proportion 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-Proflitution 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 these articles are old morfels of jurisprudence and legiflation, 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 shall begin our account of this work with the fecond article concerning Theft, which contains feveral ufeful leffons of reafon and good fenfe, mixed with fome keen ftrokes of pleafantry and fatire.

Filching, larceny, and theft (fays 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 naerally in the hands of the latter, ought to begin by endeavour

ing to deftroy beggary, inftead of fpying 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 them-
felves 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 valua-
ble life in the balance with fixteen napkins! Do they not evi-
dently 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 fmall theft? And what is
the confequence? The crime is connived at the delinquent is
turned out of the house-and, encouraged by impunity, steals
elsewhere, and often proceeds to higher degrees of robbery, and
even to murder. The law is chargeable with thefe confequences:
the law has occafioned all thefe crimes. The law, which pu-
nifhes, 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 high-
way, and thofe who to robbery have added murder, are broke
upon the wheel without any diftinction. How can magiftracy
be fo blind, as not to see that this manner of proceeding is, vir
tually, advising robbers to become affaffins, that they may de-
ftroy 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
diftinguish robbery from affaffination-Punith, 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 (says 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 mutt 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 anfwer these people, you have only to addrefs yourfelf to them in the follow

ing terms: When he, who has put out your eye, has himself
an eye lefs, will you have an eye more? When the man that
killed your brother, has fuffered a painful death, will this raife
your brother anew to life?-Wait a few days, and then your juft
refentment will grow more reasonable and calm; you will not
be forry to fee, with the eye that is left, a good fum of money,
which I will oblige the affaulter to pay you as an indemnifica
tion; this will enable you to pafs your life agreeably: befides,
the perfon that affaulted you fhall be your flave for a certain
number of years, provided you will allow him the use of his
two eyes, that he may ferve you better during that time, With
respect to the murderer of your brother, he fhall be your flave
as long as he lives: I'll render him ufeful to you, to the public,
and to himfelf. This manner of proceeding (continues our
Author) has taken place in Ruffia, thefe forty years paft. The
malefactors are obliged to ferve the country, which they have
infulted and difhonoured. Their chaftifement is a perpetual ad-
monition, and it is fince this mode of punishment has taken
place, that this vaft region has emerged from barbarism ".
We fear that neither the caufe nor the effect are here beyond
conteftation...

Our Author does not mean here to justify the barbarous manners and cuftoms of the age of Charlemagne, when every affaffination had its price eftimated by the rank of the perfons whofe throats were cut. Inftead of encouraging murder, he only propofes (fays he) the method of punishing one murder,. fo as to prevent its becoming the occafion of another; for (continues he) if there be any, cate, where juftice requires that one citizen fhould be hired and paid by the ftate to maffacre another, it can only be where this butchery is neceffary to fave the lives of others. The killing a mad dog is a cafe of this kind. In all other cafes, the criminal ought to be condemned to live, that he may be ufeful-damage is to be repayed, but death neither repays nor repairs any thing.

4

Under the tenth article, the fubject of which is Sacrilege, M. de VOLTAIRE has a fair occafion of fhewing the odious bare barity of the penal laws in France, which in a multitude of cafes, both civil and ecclefiaftical, excite horror, fhock humanity, and create ftrong fufpicions, that we must not judge of the national character of the French by their gaiety and politenefs. He relates, in a fpirited train, the monftrous story of Abbeville, which happened in 1766, where fome children (as our Author calls them), or rather young men, were condemned to have their hands cut off, their tongues plucked out, and then to be burnt alive. Their crime was irreverence to a wooden image of the Virgin, and an idle fong, fung at table in a drunken frolic: the judges were three magiftrates, of which one

9

(fays