ART. XV. An Efay on Crimes and Punishments. By M. Dawes, of the Inner Temple, Efq. 8vo. 5 s. bound. Dilly. 1782.

R. Dawes is a man of paradox. His theology is para

Mdoxical. His morality is paradoxical. His politics

are paradoxical: nor is his method of treating his multifarious fubjects lefs paradoxical than the fubjects themselves. But, peradventure, he will plead the privilege of genius, when he ftarts with brave diforder from vulgar rules. Great wits' are a law to themselves! and it feems a piece of prefumption for any, but themselves, to be their judges. Avaunt critics!Mr. Dawes fhall be his own reviewer.

That nothing fanguine fhould difgrace the criminal code of a free country, a queftion is here attempted to be difcuffed on philofophical, moral and political grounds; opening in an enquiry into the caufe of ALL things, whether good or bad, and afterwards drawing from their effects conclufions that leave. it beyond a doubt a certainty, that whatever happens is right, because it cannot be otherwife; and that whatever is to happen cannot be otherwife than that contingently it will be. If good, it is and will be the effect of a good caufe. If bad, the reverfe which being alike conftituted in the conventions of men, depend in a degree on the good or bad adminiftration of thofe ordinances to which they confent for a general benefit. But if failing in the acquifition, the cenfure is not due to themfelves. Their fallibility is their defence against it, and nature, pleading their univerfal caufe, acquits them throughout the habitable world of thofe charges and judgments which the paffions of fome, and the interefts of others, wifely think fhould be pronounced, and fays, they are foolishly and rebellioufly made. However, not to appear pofitive or certain on a fubject which may even fet certainty at defiance'--How is this? we thought conclufions were to be drawn that would leave, the matter beyond a doubt a certainty,' or in other words, make it certain beyond a doubt. Doth the Author's courage forfake him fo foon? Is it all affurance in one paragraph, and all diffidence in another ?-We can only account for this apparent inconfiftency on the fuppofition of genius-Genius!-as aforefaid, introduced for the charitable purpose of reconciling con tradictions. We have fomething proverbial about the memories of great wits and as we have a partiality for them—and we ourfelves, it feems, are likewife apt to forget-we wish to be their apologists, and if we cannot plead their caufe on the footing of argument, we may give it fome colour by the help of a proverb.

But whatever inconfiftencies a cool-headed, or a mere comman-fenfe critic may difcover in Mr. Dawes's theologico-phile

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fophico

fophico-political wORKS, yet, as it is our duty, and moreover. the defire and the delight of our hearts, to fet an author off to the beft advantage, we would rather point out his beauties than his blemishes; and, inftead of dwelling on his inconfiftencies, would moft joyfully exhibit the writer's confiftent part, and show rather where he hath the happinefs to agree, than where' he is so unfortunate as to be at variance with himself.

Our Author's notions of two crimes, which the more fober and modeft part of mankind have fhuddered at, are fo gentle and placid, and fo perfectly in ascord with his general fyftem of the reflitude of all things, that we have no doubt but that (to ufe his own expreffion) they will meet the sympathy of many of his readers,' and do infinite credit to his own feelings - when breathing an affecting figh, throughout these sheets, he ftudied to affift in the caufe of humanity. Bring us our handkerchief!tis fo affecting! It must go off in tears, and not in fighs! Suicide (lays this humane cafuift) being an act fubject to thofe general and immutable laws by which all bodies are governed, can in no fenfe be a tranfgreffion of a man's duty towards God who governs the natural world and as every event is the act of the omnipotent, fuicide is the neceffary refult of the faculties with which man is endowed. They are not lefs the work of God than matter and motion; and the employment of them, to the end of self-deftruction, cannot be blamed, without arraigning the wifdom of Providence, which directs all things right, and conftitutes fuicide as much the act of the Deity, as if the felf-deftroyed had died by a fever. It is irreproachable, becaufe providential; and man being led to it by the faculties of nature, it must be proper in respect to the Almighty, and committed by his creature to efcape misfortune, independent of his peculiar will to difpofe of his creature's life, the determination whereof, like every other event, is fubordinate to thofe laws by which the univerfe is, and hath been, governed from the beginning of time.... Suicide is lefs injurious to fociety than a man's retiring while he lives, which he has a right to do if he chose it. If he receive no benefit from fociety, it has no right to any thing from him. Shall he then be deemed criminal for retiring. from life when it was impoffible for him to be ferviceable to himself or others? . . . He is juftified by nature in feeking a voluntary death or a retired life; in either of which he cannot be reasonably faid to offend his Maker or civil fociety."

On Mr. Dawes's commodious plan of reclitude, a man may not only take what hath been deemed by leverer moralifts an unjuftifiable liberty with himself, but with others coo, without incurring any great degree of guilt, or deferving any harsh epithets of reproach. He who could contemplate on fuicides

with

with approbation, was furely prepared to look on a rape with indifference. Here honeft nature is again confifient', and ends as it begins."

A ravisher is not that horrible creature as is a murderer. He neither killed, nor intended to kill. His crime proceeded not from hatred or revenge, but the agonies of luft and concupifcence. In one, nature is diftorted; in the other, the is only animated: tortured in the will, and thirft of blood by the one; fired and excited by the object who is fuppofed to be offended, in the other. Both are inevitable; but that feeks enjoyment in death; this in the vigour of life. Defire, kindled in each the will to flay or enjoy, will be obeyed, It is above terror, and nothing but fetters or fuperior force can repel its being fulfilled. Is death, then, neceflary for what nature enforces in her important operations? Can man consent to the lofs of life as a punishment for his prefervation, where it is not concerned? Shall death be arbitrarily imposed for actions, whofe only guilt is their being natural? or fhall men lofe their lives for the licentioufnels of paffions they cannot controul, but whose indulgence nature commands as a pleasure, while. reafon, unlike the forbearance of other acts, vainly echoes a retreat and parley as a pain ?'-This affecting Author, pleading with fighs the cause of humanity, reprobates the horrid thought' of a woman's purfuing a fellow-creature to deftruction' for a violence which her own endearments only excited.' She fhould generously forgive, and tenderly lament over him! His deftruction neither cleanfes him of his imputed guilt (fays our benevolent cafuift), repairs the imagined injury, or terrifies. others from following his example, under the fame circumftances, and committing a rape: particularly when, as in him, defire is whetted, importunity fails, paffion encreafes, opportunity is favourable, and natural force is employed to procure the certain effects of a certain caufe in an ardent and outrageous, mind. His purpofe gratified, compunction is filent. No hor-. rors torment him, because he is fenfible of no crime. Paffion abated, reafon fteps in, but laments, and not condemns, that he obtained by force, what would have rendered his joy poignant. in proportion to a mutual acquiefcence.- Death fhould ceafe to be a punishment for little more than a phantom: and fine, labour and imprisonment fuperfede it, as more conducive to the purpose of preventing what nature on all fides promotes, in defpite of the violence done her by human laws.'

Mr. Dawes, though generally a man by himself, yet fometimes condefcends to quote from the writings of others. His authorities (if fuch they may be called) are various-from Voltaire, down to 1)**** W*******! In one respect there is a great gulph between,' though in another their HONOUR was

united to the fame affembly.' But, oh! BLACKSTONE, thy name fhould have been facred.-This reflection escaped us more particularly and pathetically, for we fometimes breathe a SIGH!when we read the concluding paragraph of this affecting Work.

This is what the Author has attempted to fhew.'"What is it?"-Spare us-oh! fpare us, gentle reader,-for our fakes, -for thy own fake, fpare us !-We will, for thy edification; and if we cannot inftruct thee, we will endeavour to amufe thee. Then fpare us here; for instruction, we have none: and, as for amufement, it is hard, very hard upon us, to make it out of nothing!-to fpin every thread out of our own bowels!at our lean carcafes, and pity and spare us !

-Look

This is what the Author hath attempted to fhew. If he fhould be expected, by the reader, to make the experiment, which is undoubtedly well worthy of the trial, and to devife the particular mode of punishment, for crimes of human institution, otherwife than he has generally done, he anfwers, "No, verily." Others have fighed before him on the fubject of this effay. The Jate amiable and learned Sir William Blackstone planned one bill to the end of national humanity, honour, and advantage. The public begin to feel for the feelings and misfortunes of thofe who fall a prey to the laws; and as the Author himself has followed their example:-HIS MISSION IS AT AN END!'-Amen! even fo be it!

1.

FOREIGN LITERATURE.

GERMANY and the NORTH.
ART. XVI.

COAN. Nep. Parthalotti, Caf. Reg. Commiffionis Cenfuræ Librorum Affeffore, &c. Exercitatio Politico-Theologica, in qua de LIBERTATE CONSCIENTIAE, et de Receptarum in Imperio Romano-Theutonico Religionum TOLERANTIA, cum Theolo gica tum Politica difputatur, nec non de Difunitorum Statu Græcorum tractatur. i. e. A Politico-Theological Treatise concern. ing Liberty of Confcience, and alfo concerning the Civil and Theological Toleration of the different Religions which are profefled in the German Empire: to which is fubjoined an Account of the State of the Greek Separatifts. By JOHN NEP. BARTHALOTTI, Profeffor of Divinity in the Univerfity of Vienna, Affeffor in the Imperial Commiffion for the Examination of Books, &c. &c. Vienna. 8vo. 1782.

While destruction is going on in one part of Europe, a falutary spirit of national improvement is fowing the feeds of public felicity in another. Religious liberty is fending forth her beams from the Imperial throne, and the reign of JOSEPH II. will form

an immortal æra in the annals of Europe. It is certainly a noble fpectacle to fee a Prince, whofe numerous and formidable legions enable him to furpafs all the unprovoked royal warriors, who are gathering bloody laurels at the expence of humanity, cultivating the mild and beneficent arts of peace with unremitting efforts, quenching the flames of religious difcord, difarming the infernal hand of perfecution, and inviting his partycoloured fubjects to love one another.-The Work, now before us, is one of the amiable firft fruits of his beneficent reign, and it promises a rich harveft of true glory to him, and of folid happiness to his fubjects. This Work breathes the mild, humane, and benevolent fpirit of genuine Chriftianity; and the equally Jiberal and learned ecclefiaftic, to whom we are indebted for it, has treated the subject of religious liberty and toleration with a mafterly hand.-There is nothing new (to us in the British Ifles) in the principles laid down by this very judicious and able writer: we have both enjoyed and abused the privileges he points out as the inalienable rights of rational beings; but the manner in which the fubject is difcuffed deserves attention. The work feems defigned, principally, for ftudents of theology in the Roman Catholic univerfities; and therefore the fubject is treated fcientifically. The author recurs to first principles, with a truly philofophical fpirit; he defines with perfpicuity and precifion his terms, and deduces, from his principles well defined, the conclufions to which they lead, in the best method, and with the foundeft logic. The notes, fubjoined to the text -in each fection, exhibit anfwers to objections, and hiftorical and juridical illuftrations of the matters treated; and they are enriched with folid and well digefted erudition.

The work is divided into FOUR CHAPTERS (containing each feveral fections), preceded by an Introduction, which opens the fubject, the purpofe, and the occafion of this treatife.In the first chapter the author lays down juft definitions and elucidations of the terms liberty of confcience, religion, herefy, and toleration. He fhews the fignal advantages which must attend a fpirit of toleration in civil rulers and fovereigns; points out the different kinds and branches of toleration, and gives a fhort fummary of the hiftory of perfecution. In the fecond, he defcribes the nature of liberty of confcience in general,-fhews its conformity with the dictates of reafon, and the express declarations of holy fcripture, confirms its expediency and advantages by the conduct and proceedings of the wifeft ftatesmen and fovereigns, anfwers the objections that have been alleged against it, and points out the limits by which it ought to be circumfcribed. In the third chapter, he treats of theological toleration in particular, unfolds its true notion, exhibits examples of it from the Old and New Teftaments, and from the doctrines and proceedings