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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 influ
ence-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 dee tail 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
* 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 hav. ing' 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 pian, he announces the purpose of additional matter in the fourth to be, to give minute and particuLur instructions for reducing his scheme to practice.' p. 39.
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 at. tainment of that desirable object.
The longh 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 hus attended their liberal and persevering exertions in behalf of the best interests of mankind.
ART. IV. Coule d'Iretruction Criminelle ; Edlition conforme à
l'edition original du Bulletin des Luis; suivi des Motifs crno és par les conseillers d'Etat, et des Rapports faits par la Commission de Lulation du Corps Legislatif, sur chacun des Lois qui comment le Code. A Paris, 1809.
Tr 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 know, as the excellences and defects of their laws. But it is not quite critical, we believe, to say, that it is of infinitely mors consequence that they should know the defects than the easilences of their laws; and that there is nothing with which they are so unwilling to be made acquainted. The : tle sonument of personal consequence, attaches itself to all
moinsdisons under which we have b on accustomed to live. - une famir, (17 country, roer laurs, arra government,--must be of or of this all other fans, courtries, lers and governments !
and in this app, wiich is habitual to the greatest part of ""Xin', Rivielent enlightened the most remarkably, we Nould rather by.! the e::'s resc'ting from the defec:s of
our laws, than allow that there can be any defects in the laws of so wonderful a people. 'voyee Ctsutoy (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 them. selves 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 attention to the defects, along with their evil consequences, which were prominent in the characters of neighbours.
* Cum me hortaretur, parcè, frugaliter, atque
Viverem utà contentus eo, quod mi ipse parasset
- A turpi meretricis amore
&c. 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 slow. ly and indirectly, in discerning what is hurtful and beneficial lo 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
şubjects 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 published or not, the state of the intercourse between this country and France hardly enables us to ascertain. The Code of Procedure, however, adapted to penal cases, has recently reached this island ; and though it would have been somewhat more rrisiactory to have spoken of it, after perusing the penal code iifelf, yet, the reasons are strong which induce us, without any longer delay, to present a short account of it to our readers. Of the four compartments into which it has pleased Bonaparte's legal advisors to divide the body of law, viz. i. The civil code, and 2. Code of procedure in civil cases; 3. The penal code, and 4. Code of procedure in penal cases; the last may be thought to embrace the simplest part of the subject ; though it contains some features--for example, jur y-trial, reestablished on a new foundation,--which are peculiarly calculated to engage the aitention of English readers. As crimes are nearly the fame all over tle world, the penal codes of all nations are, except in the varieties cf punishment, to a remarkable degree, the fame. But, in the forms and the spirit of their Procedure in the mode of dealing with the question of delinquency, and the supposed delinquent, from the first suspicion till the final decision, the diverfity in the pradlice of nations is not only universal, but, in almost every inItance, exceedingly great. The picture which the law of pro(edure presents, is, therefore, in a peculiar degree, new, and flriking. To those who are not in some degree acquainted with the language of French law, it is neceffary to explain, that the system of operations by which the courts of law carry the directions of the legislator into effect, is, in civil cases, denominated Procédure-Praédure civile. In penal cases, it is denominated Instruction Instruction criminelle. To institute a prosecution is, instruire un procès. And the code before us, containing the rules of procedure in penal cases, 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 business of the trial, and is necessary to render it effe&ual to its end.
The course of judicial procedure consists of several stages. In penal cases, with which alone we have at present to do, there ftages are three. 1. The procedure employed to secure the fufrected individual, and the evidence which may be supposed to exist of his guilt : 2. The procedure employed for exhibiting and determining on the evidence which has been so coilected, and for pronouncing the proper sentence: 3. The procedure employed for inflicting the punishment thus ascertained to be due-in other words,-The trial; what goes before the trial; and what follows after the trial. Such, on all ordinary occasions, are the parts of judicial procedure; and such are the points in the new legislation of France, to which we are now to direct the attention of our riaders.
The objects to which this preliminary business is directed, are three. One is, that nothing which looks like an offence, fhall pass without judicial investigation; another is, that every individual on whom the suspicion of an offence attaches, shall be duly secured ; and the third is, that whatever is capable of yielding evidence on the cafe, shall, as far as possible, be searched out and secured for that purpose.
Now, then, let us see what are the provisions made by the French legislators for the attainment of these several ends. They have provided a vast apparatus ; and the parts of the machinery are sometimes so intertwined and complicated together, that any thing like a distinct idea of it is not very easy to be acquired. We have taken pains to present it in the simpleit point of view. .
This first of the stages of judicial procedure in penal cases, they call police judiciaire. What is usually known elsewhere by the name of police, they call police administrative, and distinguish it thus. Those offences which are only apprehended, are the objects of administrative police, and its business is to do all that is poflible towards preventing such offences from being committed ; or, where prevention is not possible, to take such previous measures as may prevent the criminal from making his escape, or the evidence of his guilt from being lost. 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 legislators have diftinguished offences into three kinds, and have adopted a mode of procedure, in some respects different, according as the offence in quellion is considered as belonging to one or another of these divisions. Offences penal in the loweft fegree, are called contraventions, and are punishable with a fine not exceeding 15 francs, or imprisonment not exceeding five days. Offences penal in the second degree, are called delits; and are punishable with imprisonment exceeding five days, or fine above 15 francs. Offences penal in the highest degree, are named