« 前へ次へ »
Shake all the host together in a hat,
H--t sallies forth -- but why was he put there?
Another name? 'tis thine impetuous H-
-th their names display ;
obtain the start,
We are bound to say that he can praise occasionally; but few, we fancy, will wish for his commendation. Here, however, it is deservedly though most clumsily bestowed.
From realms of darkness let us turn to light-
On that branch of the profession which he once pursued, six lines contain the substance of his thoughts, and are introduced as felicitously as usual.
But why thus hunt a subject off its legs ?
Conveyancers might well feel hurt, were they to suspect themselves of being neglected by an individual so discriminating as Mr. B.; and we are glad, therefore, to be able to declare, that he brings them in with particular distinction, with an image which a Spenser might have envied ; and minutely analyses the most distinguished of their class.
See from the dust a novel creature spring,
But these have had their day; and P-
In Devon born, he duly serv'd his time,
And this forsooth is the writer who begs pardon “as a poet;” who gravely tells his readers, that “his principal objects have been truth and consistency; and presumes to assert, that he has always been honest in commendation, and never severe without reason.” 1 Consistent undoubtedly he is ; there, at least, his book will not dishonour him ; it is quite in keeping with itself, and we know nothing in modern literature to match it, except perhaps the Puffiad. As there are no symptoms of a second edition, we hope and trust that it has failed in one object at least, the recruiting the finances of the author; but were ten thousand copies at this moment circulating, our opinion of its merits would be the same. The dullness of calumny is in some sort redeemable by venom : libels are caught at, though wholly destitute of cleverness; and we no more admire the man who shows up our acquaintance or contemporaries, though some amongst us may be amused by the attempt, than we should admire a scavenger who was pelting the same persons with dirt, though very possibly we should stop to laugh at them.
LORD LANSDOWNE'S ACT.
Substance of “ An Act for consolidating and amending the Statutes
in England relative to Offences against the Person,” now under consideration of Parliament.
When the proposed bill shall have passed into a law,
and our criminal code become somewhat more settled than it recently has been, we shall endeavour to take a comprehensive view of this branch of jurisprudence. For the present we shall keep to the act before us, on which our readers may be anxious for information; and, although it has not as yet received the final touches of the legislature, the material parts may be looked upon as fixed.
The laws which owe their existence, or rather, we should say, their existence in their new and comprehensive shape, to Mr. Peel, relate principally to offences against the property of individuals, and to the administration of the criminal law generally; the law introduced by Lord Lansdowne relates to offences against the person.
The first section repeals the whole or parts of between fifty and sixty acts of parliament, passed at different periods, from the 9 Hen. 3. c. 26. to the 3 Geo. 4. c. 114. Of the various and complicated changes which these had severally introduced on the antecedent state of the law, we may perhaps have occasion to speak in a future number; for the present, we will proceed to the second section, which blots the crime of petittreason from our statute-book. Petit treason was either where a servant killed his master, a wife her husband, or an ecclesiastical person, secular or regular, his superior to whom he owed faith or obedience. The last of these three cases is evidently a relic of Popish superstition, or church-policy; the two former instances, the second more especially, have been distinguished in almost all ages and countries from the ordinary crime of murder.
With regard to the different kinds of criminal homicide, murder, and manslaughter, the law is left pretty much in the same state that it was before ; one or two alterations, which
will be found convenient in practice, have been introduced. The 33 Hen. 8. c. 23., which was extended to accessaries before the fact by 43 Geo. 3. c. 113. s.6., provided that a subject of the king, who committed murder in a foreign state, might be tried in any county which the king should appoint; but in this case an examination of the accused party must first have taken place before the king's council, or three of them : it is now provided, “ that if any of his Majesty's subjects shall be charged in England with any murder or manslaughter, or with being accessary before the fact to any murder, or after the fact to any murder or manslaughter, the same being respectively committed on land out of the united kingdom, whether within the king's dominions or without, it shall be lawful for any justice of the peace of the county or place where the person so charged shall be, to take cognizance of the offence so charged, and to proceed therein as if the same had been committed within the limits of his ordinary jurisdiction; and if any person so charged shall be committed for trial, or admitted to bail to answer such charge, a commission of oyer and terminer under the great seal shall be directed to such persons, and into such county or place as shall be appointed by the Lord Chancellor, or Lord Keeper, or Lords Commissioners, of the great seal, for the speedy trial of such offender.” The trial is to take place in the usual way, by a jury of the county; and persons entitled to the privilege of peerage are to be dealt with as heretofore. The provisions of 2 Geo. 2. c. 21. whereby a person might be tried for murder, in cases where the death, or the cause of death only, happened in England, in the county or place in England where the death, or cause of death respectively happened, is by the eighth section of the present act, extended to manslaughter also. The crime of accessary after the fact to murder, instead of being a capital felony with benefit of clergy as heretofore, will now be punishable by transportation for life or imprisonment, with or without hard labour, for any term not exceeding
The late. very aggravated case, in which one Howard attempted murder by means of a blunt weapon, has induced the legislature to extend the principle of Lord Ellenborough's act far beyond its original limits, and, as we think,