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enemies, if it be possible, to the welfare of the Church, and the whole religious interests of England, those who first, by halfconcealed stratagem, and now by more than half-declared aggressions-undermining where they durst not assault, and attacking what they hoped to find defenceless-would wage war against the dearest rights of the people, for the purpose of involving the clergy in trouble and shame-and lay society itself waste, in order that the Church might pass through the highest perils, to the most certain corruption. Against the machinations of such men, we warn, above all, the wise and pious part of the sacred order to which they belong, and the temporal rulers whose ears they may perhaps seek to gain, by promises of assistance and support. Distrusting both our authority and our powers of persuasion, we would warn both those classes, in the language of the most powerful supporter of the Establishment who was ever suffered to die unmitred-The single end,' says Dr Paley, which we ought to propose by religious establishments, is the preservation and 'communication of religious knowledge. Every other idea, and every other end, that have been mixed with this-as the mak< ing of the Church an engine, or even an ally of the State-con verting it into the means of strengthening or of diffusing influence or regarding it as a support of regal, in opposition to popular forms of government-have served only to debase the institution, and to introduce into it numerous corruptions and abuses.'
Whoever has done us the honour to follow us through the detail which we have now brought to a close, will probably be prepared to admit, among others, the following positions.
That the new system of education is calculated to promote the cheap, rapid, and easy diffusion of knowledge, in an unprecedented degree.
That the merit of devising it belongs to JOSEPH LANCASTER, † although one of its principles had been previously known to Dr Bell, and exemplified in the school at Madras, but without those other
Moral and Political Philosophy, vol. II. p 305.
It is admitted by Sir T. Bernard, that no charge of borrowing from Dr Bell can possibly be brought against Mr Lancaster. Indeed, he accuses both Mr Lancaster and his defenders, of never having examined Dr Bell's principles or their application;' (p. 103.) And, if they never did understand them, Dr Bell himself furnishes their best apology; for, after the lapse of twelve years, and the publication of three editions of his plan, he announces the purpose of additional matter in the fourth to be, to give minute and particuJar instructions for reducing his scheme to practice.' p. 59.
other principles which, when taken together, constitute the new system.
That to Joseph Lancaster, alone, belongs the praise of introducing the new system into practice, and enabling mankind to benefit by it, and preparing the way for its universal reception.
That the plan pursued by Dr Bell, and recently attempted to be set up in opposition to Mr Lancaster's, has no one peculiarity which can entitle it to a preference; while, on the contrary, it is deficient in many of the most important points, and especially fails in the article of economy.
Lastly, That, while great praise is due to Dr Bell for his exertions in Madras, and for his attempts in England, there is no good whatever to be expected from any endeavours to keep alive the opposition to Mr Lancaster, commenced by his friends; but that every real friend to the education of the poor, will consider the system of the latter as the only one well adapted to the attainment of that desirable object.
The length to which this article has already extended, precludes the possibility of adding (as was our intention) a sketch of the proceedings of Mr Lancaster's friends, and of the success which has attended their liberal and persevering exertions in behalf of the best interests of mankind.
ART. IV. Code d'Instruction Criminelle; Edition conforme à l'edition originale du Bulletin des Lois; suivi des Motifs expo és par les Conseillers d'Etat, et des Rapports faits par la Commission de Legislation du Corps Legislatif, sur chacun des Lois qui composent le Code. A Paris, 1809.
T sounds a little like the beginning of a Tritical Essay to say, that there is nothing which it is of so much consequence for a people to knew, as the excellences and defects of their laws. But it is not quite tritical, we believe, to say, that it is of infinitely more consequence that they should know the defects than the excellences of their laws; and that there is nothing with which they are so unwilling to be made acquainted. The htle sentiment of personal consequence, attaches itself to all the institutions under which we have been accustomed to live. Or family, our country, our laws, cur government,-must be bett, than all ether famics, countries, lews and governments! --and in this temper, which is habitual to the greatest part of mankind, and to the lent enlightened the most remarkably, we would rather be the evils resulting from the defects of
our laws, than allow that there can be any defects in the laws of so wonderful a people. To cauro (Know thyself), which the highest authority has converted into a rule of Christian perfection, useful and difficult as it may be to individuals, is perhaps still more highly useful to communities, and still more difficult to practise. Of their overweening partialities to themselves personally, men, if they are not the weakest of men, are generally ashamed; but national partialities, how weak and ridiculous soever, are boasted of as patriotism; and he who would reason against them, runs some risk of being treated as an enemy to his country. Yet there is no way in which false notions of himself are likely to be prejudicial to an individual, in which a similar error is not likely to produce still worse consequences to a nation.
Horace represents it as a masterpiece of art, in his father, when warning him against the vices into which he thought him most likely to fall, that, instead of wounding his self-love, by pointing to the defects of his own character, he called his atten tion to the defects, along with their evil consequences, which were prominent in the characters of neighbours.
Cum me hortaretur, parcè, frugaliter, atque
Viverem uti contentus eo, quod mi ipse parasset-
A turpi meretricis amore
Well acquainted with the temper of our countrymen, it has been a study with us to imitate the conduct of the judicious Roman, Knowing that those with whom we have to deal, would not bear to have the defects of their own institutions presented to them naked, we have, as often as possible, afforded them occasions to contemplate the defects of institutions not their own; in hopes that, by learning and understanding what is hurtful and beneficial to others, they may make some progress, however slowly and indirectly, in discerning what is hurtful and beneficial to themselves.
In the field of law, the objects of contemplation with which Bonaparte has presented us, are next in interest to those which he has exhibited in the field of war. The manner in which our interests are liable to be affected by the country of whose powers he disposes, renders that country, and all which concerns it, especially what so deeply concerns it as the laws which regulate the lives and properties of the people, a subject of deep interest and curiosity. He has now nearly, if not entirely, completed for his
subjects a new body of law. The Civil Code, that is, the body of laws destined to include all cases not penal, has been in exe cution for several years. Some time ago, a Code of Procedure, that is, a body of rules ascertaining and establishing the steps to be pursued by the officers of justice, in all the cases embraced by the civil code, was likewise promulgated. The Penal Code, that is, the branch of law which defines the actions that call for punishment, and fixes the punishment for each forbidden act, has been delayed. Whether it is yet publifhed or not, the ftate of the intercourfe between this country and France hardly enables us to ascertain. The Code of Procedure, however, adapted to penal cafes, has recently reached this ifind; and though it would have been fomewhat more fitisiactory to have fpoken of it, after perusing the penal code itflf, yet, the reafons are ftrong which induce us, without any longer delay, to prefent a fhort account of it to our readers. Of the four compartments into which it has pleafed Bonaparte's legal advisors to divide the body of law, viz. i. The civil code, and 2. Code of procedure in civil cafes; 3. The penal code, and 4. Code of procedure in penal cafes; the laft may be thought to embrace the fimpleft part of the fubject; though it contains fome features--for example, jury-trial, recitablished on a new foundation,-which are peculiarly calculated to engage the attention of English readers. As crimes are nearly the fame all over the world, the penal codes of all nations are, except in the varieties of punishment, to a remarkable degree, the fame. But, in the forms and the fpirit of their Procedure-in the mode of dealing with the queflion of delinquency, and the fuppofed delinquent, from the firt fufpicion till the final decifion, the diverfity in the practice of nations is not only univerfal, but, in almost every inftance, exceedingly great. The picture which the law of procedure prefents, is, therefore, in a peculiar degree, new, and friking.
The courfe of judicial procedure confifts of feveral ftages. In penal cafes, with which alone we have at prefent to do, these ftages are three. 1. The procedure employed to secure the fufpected individual, and the evidence which may be fuppofed to exift of his guilt: 2. The procedure employed for exhibiting and determining on the evidence which has been fo collected, and for pronouncing the proper fentence: 3. The procedure employed for inflicting the punishment thus afcertained to be due-in other words,-The trial; what goes before the trial; and what follows after the trial. Such, on all ordinary occafions, are the parts of judicial procedure; and fuch are the points in the new legislation of France, to which we are now to direct the attention of our readers.
To those who are not in fome degree acquainted with the language of French law, it is neceflary to explain, that the fyftem of operations by which the courts of law carry the directions of the legiflator into effect, is, in civil cafes, denominated Procédure--Praédure civile. In penal cafes, it is denominated InstructionInstruction criminelle. To inftitute a profecution is, instruire un procès. And the code before us, containing the rules of procedure in penal cafes, is hence denominated Code d'instruction criminelle. We begin with that part of the procedure which is first in order; namely, that which precedes the bufinefs of the trial, and is neceffary to render it effectual to its end.
The objects to which this preliminary bufinefs is directed, are three. One is, that nothing which looks like an offence, fhall pafs without judicial inveftigation; another is, that every individual on whom the fufpicion of an offence attaches, fhall be duly fccured; and the third is, that whatever is capable of yielding evidence on the cafe, fhall, as far as poffible, be fearched out and fecured for that purpofe.
Now, then, let us fee what are the provifions made by the French legiflators for the attainment of thefe feveral ends. They have provided a vait apparatus; and the parts of the machinery are fometimes fo intertwined and complicated together, that any thing like a diftinct idea of it is not very eafy to be acquired. We have taken pains to prefent it in the fimpleft point of view.
This firft of the ftages of judicial procedure in penal cafes, they call police judiciaire. What is ufually known elsewhere by the name of police, they call police administrative, and distinguish it thus. Thole offences which are only apprehended, are the objects of administrative police, and its bufinefs is to do all that is poflible towards preventing fuch offences from being committed, or, where prevention is not poffible, to take fuch previous meafures as may prevent the criminal from making his escape, or the evidence of his guilt from being loft. It is, therefore, offences about to be committed which are the objects of administrative police. It is offences already committed which are the objects of police judiciaire.
The French legiflators have diftingu fhed offences into three kinds, and have adopted a mode of procedure, in fome refpects different, according as the offence in question is confidered as belonging to one or another of thefe divifions. Offences penal in the loweft degree, are called contraventions, and are punifliable with a fine not exceeding 15 francs, or imprifonment not exceeding five days. Offences penal in the fecond degree, are called delits; and are punishable with imprifonment exceeding five days, or fine above 15 francs. Offences penal in the highest degree, are named