REVIEW OF NEW PUBLICATIONS. Discourses of the late Rev. John Paterson, with a Memoir of his Life. 2 vols. THIS is the account of a clever, learned, and pious minister of the Scotch Church, who was cut off in the very opening flower of a promising and prosperous life. He was born at Alnwick, in Northumberland, in 1804, and had the misfortune to lose his father in his infancy. He was educated at the High School of Edinburgh, under Mr. Pillans, and then removed to Christ Church. Sir Robert Peel most kindly and handsomely presented him to the living of Falkirk, where he died. Such is the brief outline of his blameless and virtuous life. While at school he made considerable progress in classical knowledge; and could compose with a fair degree of proficiency in Latin and Greek. We shall pass on to the time when he arrived at Oxford, and quote a few passages from a journal which he kept. P. 91. Homer, facile princeps. Ariosto. Milton. Virgil. Tasso. For my part I am not disposed to arrange them at all sigillatim. My distribution would be into two classes. 1st. Homer, Shakspere, Milton. 2. Virgil, Dante, Tasso, Ariosto. "June 4. I read Vathek' by Mr. Beckford, late proprietor of Fonthill Abbey. It seems a work of considerable genius, displaying great boldness and copiousness of imagination, an extensive mastery of striking and beautiful diction, and a skilful arrangement of the lights and shadows of composition. The great objection to the work is its total want of object and abiding impression. You rise from its perusal as you would have retired from his Abbey, dazzled with the multitudinous sparkling of gaudy ornaments, dissipated with the multiplicity of light and oriental luxuries, sated with voluptuous feeling, but destitute of any permanent sentiment of utility or comfort. moral at the end is nothing: for the deGENT. MAG, VOL. VII. The tails of the work have no bearing on it, nor any subordinate meaning of their own.* "June 13. We again discussed the question of Phrenology. After a lengthened discussion, we found that our sentiments were at one on the point. We came to the decision, that as an hypothesis it was That probable, as a science uncertain. is, it explains several of the facts without assuming any cause that is not known to exist; but is unable to explain them all without making assumptions of unknown causes. The external protuberances are the unknown data; the internal activity of these organs is the assumption. The Phrenologists talk much about Lord Bacon; but they seem to have forgotten that it is a principle of the inductive philosophy, that nothing shall be assumed as the cause of a phenomenon which is not known to exist in nature. Now, that the different portions of the brain vary in activity, is not known to be an arrangement of plain from experience: but the one supnature, while that they vary in size is position is as necessary to the system as the other. "June 19. Read the Pleasures of Imagination' and the Art of Preserving Health.' The first of these is the most ornate poem I ever perused. Not a line but what is sparkling with splendid imagery, and full of majestic music. It is impossible to read it, as it should be read, at one sitting. The eye is fatigued with brilliance-the ear is oppressed with melody. Next to the works of Milton and Byron, it is the grandest poem in our language. Armstrong's Art of Preserving Health' is in a lower key; but it is nevertheless an admirable didactic poem, ་ * The censure of Mr. Paterson may be just; but we conceive that Mr. Beckford's design in Vathek, was to show that in splendour of colouring, in variety and wildness of fiction, in graphic power of description, in verisimilitude of circumstances, he could as it were embody the very spirit and soul of oriental fable, and present a work that might rival the most celebrated of their own. It was a work of Imagination, that wrought the splendid colours which she might on the tapestry of Arabian fiction. A Persian tale, or an Arabian Night's Entertainment, is not an appropriate vehicle for sentiments of utility and comfort.' If in such a work the taste and imagination are satisfied, its purpose is effected.-ED. 4 H exhibiting a great command of bright conception, felicitous illustration, and happy expression, "June 26. We remarked the strange contrast that subsists between the manners and sentiments of Homer's heroes. The one characterised by the simplicity of savage life, and the other full of dignity, acuteness, and refinement of a highly civilized age. The Count, though at the same time he betrayed great contrition for his literary heresy, confessed that he preferred the character of Achilles to that of Hector. There is more of native honour, of high enthusiasm, and of bold uprightness in the mind and behaviour of the former, than of the latter. Whatever he does is free from anything like cold and calculating policy, which is a principal element of Hector's character. He coincided, with a slight alteration, in a profound senti. ment which I recollected to have met with, I think, in Hallam's Middle Ages,' which considers Hector as intended to present and embody the heroism of patriotic feeling, and Achilles that of inborn greatness. The courage of the former being that of Rome, the bravery of the latter that of the ages of chivalry. From this very account, however, of the matter, I was disposed to differ, and prefer Hector to Achilles. The bravery of the latter is merely a passion, that of the former is a principle. The one is more physically imposing-the other more morally great. 66 July 17. I read from Jeremy Taylor his Moral Demonstration of the Christian Religion, drawn from the character, actions, and doctrines of the Founder.' A magnificent piece of composition, full of that mingled naiveté and depth of feeling, that acuteness of particular remark and vagueness of general conception,-that luxuriance of poetic imagery and force of pointed sentences,-which give so peculiar a character to the writings of that distinguished prelate." When Mr. Paterson arrives at Ox ford, his journal goes on as follows, though we confess we cannot guess the name of the venerable person spoken of. "I delivered the introduction with which you honoured me to Dr. the first opportunity, and had the good fortune to be very graciously received. I have since dined at his house, and, what is here esteemed the most marvellous condescension for the Head of a House, have had a call from him at my lodgings. I *See Hallam's Middle Ages, vol. III. p. 482, note, ed. 5th. found him a very superior man. Indeed, since's departure, he is acknowledged, in Oxford, as the first man at the university. He seems very free too from the bigotry and intolerance which some how or other I had connected with the idea of a regular Oxonian. Talking of the recent discovery of the parallax of one of the fixed stars, by which it seems it has been ascertained that its bulk is nearly equal to that of the whole solar system, he observed- Well, really one begins to suspect that the vice-chancellor of Oxford is not the greatest of existing beings.' A remark which I saw great reason for asserting. He talked with great candour and liberality of the London University. The King's College, he styles, and happily enough, a mean plagiarism of another man's idea. I find in general, that the King's College is much more unpopular at Oxford than the London University; though the Oxonians, as the title of King's rendered it necessary, I suppose, subscribed for the former and not for the latter. I called on the Dean of Christ Church at his own desire, and was very politely treated. I was somewhat surprised and pleased to find so much more liberality of sentiment in the Common Room of Christ Church than I expected. Mr. C. has introduced me to another very agreeable acquaintance in Mr. C. (Cramer), the author, or at least one of them, for there are two, of that admirable Dissertation on Hannibal's Passage of the Alps, with which I was made so well acquainted by you during the first session of my college life. He has lately published a very minute and elaborate geographical description of Italy, which I don't know whether you have seen, and is at present engaged with a similar work on Greece. He is a Swiss by birth-took a first-class degree, both in the mathematics and classics, was made a student of Christ Church and head of one of the halls; both of which situations he resigned for a living in the neighbourhood of Ox. ford. He lives in the town in studious quiet and retirement, and I find his society very interesting." * * * Oct. 28. I attended M- (Milman's) Lecture on Poetry in the schools. He is rather little [this is a mistake], very dark, with an agreeable but not striking expression of countenance. With regard to his poetic organs, I could form no idea, as he wore his cap all the time he lectured. The lecture was in Latin, and seemed one of a series. The subject was the didactic poetry of the later Greeks, such as Nicander, Dionysius, and Appian. The style was very elegant and unaffected. He introduced a considerable number of quo tations, which he accompanied with English translations of his own,-most of them very felicitous specimens of his own peculiar style,-particularly one from Nicander, descriptive of a man dying of the bite of a serpent, whose venom had a lethargic influence over its victim; and one from Appian's Halentus, containing a beautiful little tradition of a curious friendship which a Dolphin contracted for a boy. M- reads his poetry very well -marking the separate feet of the line somewhat more distinctly than is usual, and pronouncing full all the Anapæsts which occurred in the place of Iambi. There was a tone of subdued earnestness in his elocution exceedingly interestingas if he felt more than before a grave, black-gowned, velvet-capped audience, he thought it decorous to express; as if the Poet in short was striving to hide himself under the Professor. The whole affair was to me very interesting, though in itself there was nothing great or profound. "Nov. 16. I heard a very excellent charity sermon to-day, in St. Martin's church, from Dr. H-- (Hampden?) It was on that temptingly moderate text, Pure religion and undefiled,' &c. The preacher, however, was very orthodox and discriminating, and introduced some very shrewd general remarks on the necessity of intellectual activity and patient thought in studying the scheme of Christianity, resulting from the mode in which the truth is delivered in the Sacred Writings; that is, by parts which require the exercise of patient thought and comparison, to reduce them into a system. The more directly practical part of the discourse had a character of homeliness, shrewdness, and aphoristic sententiousness, mixed with its academic dignity, very striking, and very much adapted to all. One of his aphorisms, in regard to the Poor Laws, summed up in a few words, and with much force, the whole argument against the system. 'Charity by compulsion,' he observed,' is no charity at all. It is felt as such neither by those who give, nor by those who receive.' "Nov. 23. In the afternoon Dr. W— (Whateley), the Principal of St. Alban's Hall, who is generally considered the man of the most original mind in the University, preached to a very crowded audience. His subject was that which once brought so much obloquy on good Dr. Chalmers the Popery of Protestants,-and the sermon, though it had less of connexion and unity than I expected from so eminent a logician, was on the whole a superior and masterly performance, distinguished for its particular sentiments, and its bold, rapid, strong style. The text was 2 Kings, xviii. 4. The children of Israel burnt incense to the brazen serpent.' He began by observing, that many people lost the benefit of the lessons which a wise perusal of history is calculated to afford, by a forgetfulness of the principle, that, from the beginning of the world till now, human nature was substantially the same, though circumstantially it varied endlessly. That by attending merely to the circumstantial peculiarities of ancient history, they saw nothing in the errors and vices it detailed but the subject of vague wonder, or of self-sufficient contempt; while if they sought out their principles, they would find matter of much practical instruction -an instruction which was likely to be all the purer for the difference of the circumstances in those events from which it might be drawn, inasmuch as in regard to these, we were more likely to judge impartially and sternly, than if the peculiarities had borne such a resemblance to our own cases, as might excite our prejudices and suspicions. In regard to the soul's moral vision, the law of physical optics was reversed. We saw what was remote, more accurately than what was near; and as the law was reversed, so ought our procedure to be; we should judge of moral objects that are near by those that are remote, what we are likely to see wrong, by what we are surest of seeing right. It was by making this use of the discussions concerning the tenets and spirit of Popery, to which so much of the public interest was at present attracted, that we were most likely to derive most advantage from them. Popery was human nature. The frame work of Popery was not the cause but the result of the spirit of Popery. That spirit was always in the world, and always would be. This could legibly be shown by numerous examples, supplied by all history,-of the same claims to infallibility,-the same preference of the expedient to the true,— The same superstition, the same love of persecution, and all the same moral principles displayed in other cases, as are exhibited in the Romish hierarchy. It was also very plain, from the way in which Popery was introduced, gradually, imperceptibly, and by a gradual progress. It was not planted, like Mohammedism, a perfect tree, with its trunk full formed, and all its boughs displayed, but sprung up by slow but incessant growths, from its seeds in human nature. Infoecunda quidem, Quippe solo natura subest. Since then the principles of Popery are in human nature, it was not sufficient to have left its communion, or to alter its parti cular tenets, in order to have escaped its spirit. This required a constant vigilance over our own hearts, where the same principles which had enslaved the world to Popery were ever ready to make their appearance in another form, and delude us under what was only a mere specious disguise. Satan can transform himself into the likeness of more than one angel of light. I was disappointed of Dr. W.'s not applying his general idea to some particular cases. But as he promised us another sermon on the subject, I suppose he has reserved its more especial illustration till then. "March 14. I have been chiefly employed in writing to Dr. C- an account of the theological education of the University. Every candidate for a degree, whether lay or clerical, is required to pass an examination in Theology before being even admitted to trials in human learning. The requisite qualifications for the examination are, 1. In critical divinity, so much knowledge as shall enable him to construe and interpret the four gospels. 2d. In literary divinity a competent acquaintance with scripture history, chronology, and geography. 3d. In systematic divinity, a familiarity in the Thirty-nine Articles and Burnet's Exposition. The examination on these points is a bona fide one, though of course it varies in strictness according to the character and will of the examining master. S- assures me, that no one can graduate at Oxford without your being able to say of him-' That he knows at least the scheme of salvation, whether he obeys it or not.' And this he held up as the distinction of being of the University. For those who are looking to the Church as a profession, the University provides no additional means of instruction, except a short course of lectures made by the King's Divinity Professor, at present the Bishop of Oxford. These lectures, his lordship told me, are chiefly occupied with advices in regard to the private prosecution of theological study, and recommendations of such books as he thinks best adapted to furnish forth a well-accomplished minister. Perhaps, considering the limits of the course, this is the best way he could employ it." As a specimen of Mr. Paterson's poetry, we give his translation of the epitaph on the Athenians who fell at Charonea. (v. Demosth. de Corona.) They girt their harness at their country's call, Upon their valiant breasts; and when the foe Of freedom triumph'd, they receiv'd the blow But spurn'd away the shame; for so to fall Was prouder victory, brighter joy, than all That life prolong'd in bondage could bestow. The grave was their reward. Though dark and low Their country, whose maternal arms enfold The urns, and guard the consecrated mould Of those that in her ranks so proudly fell: So Heaven hath will'd, and Heaven wills all things well. Jove's dread decree its even course must hold, Nor may a mortal man the stroke of fate repel. The sermons which accompany the memoir, are such as might have been expected from Mr. Paterson's talents and knowledge: but we think the language and whole structure of them too ornamented and flowery; and this love of ornament and manner too rhetorical and ambitious, we consider the chief defect of Mr. Paterson's mind, as regards his habits of composition. But on the whole, the volumes amply support the high opinion his friends appear to have entertained of him, and give proof of his cultivated mind, his sound and serious views, and his life devoted to the highest and best purposes of his calling. A Reading on the Use of Torture in the Criminal Law of England previously to the Commonwealth. By David Jardine, Esq. 8vo. London, 1837. pp. 109. "THE application of torture to witnesses and accused persons, for the purpose of extracting evidence and confessions," seems to have originated in the kindred practice of domestic slavery, and to have prevailed, more or less, in every nation of antiquity. The mean flattery and abject debasement of slaves had a direct tendency to degrade the slave-master into a tyrant. Tyranny and cruelty are inseparable; and wherever, in ancient times, domestic slavery existed, we also may trace, if there be any literature in which we may search for them, the horrors of the whip, the pincers, and the rack. Torture, thus introduced, came to be applied judicially in two different ways; first, as a punishment after conviction, and without any ulterior view; and, secondly, as a mode of examination, an allowed and lawful manner of obtaining evidence to be used in judicial proceedings. It is to this latter description of torture, known in the Roman law under the title of quæstio, that the work before us and our present observations are principally confined. The origin and universal prevalence of this horrible practice-at once cruel and absurd- are inexplicable. How men were first induced to conclude that agony might be made the portal to truth, that statements extorted in a loathsome dungeon amidst the groans and tears of an overpowering anguish, were to be preferred to testimony given in open day, before the searching eyes of persons interested in the result, and in answer to the acute questions of men trained to the discovery of truth, are mysteries to the origin of which we have little clue. When society has outgrown false opinions, their previous prevalence seems almost incredible. So it is in this case. Nothing but the most convincing proof would compel us to believe that such a practice ever prevailed extensively. Amongst the Greeks the evidence of slaves was not received in the courts of justice unless it had been extorted by torture; and Demosthenes says, that where it was possible to produce for the same fact, either freemen or slaves as witnesses, the judges always preferred the torturing of slaves as a more certain evidence.1 The violence of the torture often occasioned maiming, and even death; so that whoever demanded the evidence of a slave was obliged to indemnify his owner against probable pecuniary loss. It has been thought that free citizens were exempted from torture except as a punishment; but there is good reason for believing the contrary. They were certainly not ordinarily tortured to obtain evidence; but there are several authorities for believing that in cases of suspicion, and with a view to extort confessions, the freeman fared no better than the slave. Such also appears to have been the custom at Rome. Gibbon, in his usual grandiloquent manner, has asserted that these haughty Republicans "could never consent to violate the sacred person of a citizen, till they possessed the clearest evidence of his guilt;" but 1 We state this upon the authority of Hume, Essays, I. 344, Edit. 1788, not having the original at hand to refer to. 2 III. p. 79. Edition, 1816. a pains-taking writer, who has recently examined the subject of slavery amongst the Romans, has stated the fact less pompously, but far more accurately, thus: "Freemen were of old not liable to be tortured, in civil causes, at all; nor in criminal proceedings, unless convicted culprits; or parties against whom there was partial proof; or witnesses strongly suspected of being accomplices. But slaves might be put to the question, under almost any circumstances, in either civil or criminal cases, where there was some, but incomplete evidence." This, it will be seen, refers to the time of the Republic; at a later period the practice of torture was extended to all cases of treason, which, in the jurisprudence of the empire, included every crime indicative of a hostile intention towards the emperor or the state. The ingenuity of lawyers sufficed to bring a great variety of offences within this wide definition, and thus torture became almost universal. Some "master spirits" from time to time darkly perceived and grieved over its revolting barbarity, and inaptitude to its purpose; but their reasonings failed to reach the hearts of their contemporaries. When domestic slavery yielded to better opinions, the prevalence of which may be attributed in part to the propagation of Christianity, we find that on the Continent not only did the serf, or predial slave, continue subject to this portion of the afflictions of his class, but that, at any event in some of the nations into which the Western Empire was divided, the application of the torture was extended, in all important cases, to free and even to honourable per sons. The ancient Codes in Lindenbrog's Collection contain express regulations for its application to all persons, and declare what recompense should be given to an owner whom torture deprived of the services of his serf, and to persons of the free and noble classes who suffered its inflictions upon false accusations.4 Transferred in this manner from the |