a power is given to bring in a general verdict, and the Jury are asked upon the record, by the general iffue of "Not Guilty," whether the defendant be guilty or not, they fhould be denied the right of determining upon the criminal intention, "in which," fays Lord Mansfield in Woodfall's cafe, "the essence of the offence confifts." Upon this point Mr. Bowles andwers, that on an information or indictment for a libel, the epithets, or thofe words by which it is alledged that the paper was published with a wicked, malicious, or feditious intent," are by no means circumstances of fact conftituting the offence, but inferences at law from the offence itself; for if the defendant has publifhed a libel, the law prefumes that he published it with a bad intent." And we agree with him that they are inferences of law when the Jury, as they may do, find a special verdict; for then the question of intention is referred to the Court; but in contemplating a general verdict, where the criminal motive and intention enters effentially into the conftruction of the offence, we are inclined to think that it will be found, both in reafon and in law, that the Jury have a right to confider whether the circumitances of the publication were fuch as brings the defendant within those rules of law which the Judge has disclosed The Antiquities of Scotland. By Francis is with deep concern that we have to announce to the public, the final period of the valuable and entertaining refearches of our refpectable author, who lived honoured and esteemed by an extenfive circle of friends and acquaintance, and died fuddenly, much lamented, at Dublin, the 6th of May, whilft engaged in completing the arduous task he had impofed upon himself of collecting the antiquities of Ireland, which, if he had lived to accomplifh, would have terminated his labours, fortunately for himself, and equally fo for the public. It affords fome confolation, however, to be informed, that he had taken many views, and written their respective hiltorical defcriptions before his death, which will be published in due time; and as there never are wanting men of genius and talents in this country capable of fuch undertakings, we hope to fee the Antiquities of Ireland finished in a manner that will add credit to the industry and attention of the publisher, as well as be the means of introducing to the notice and to them from the bench. The arguments, The Letter addreffed to Mr. Fox, oc- Grofe, Efq. Vol. II. 4to. Hooper. patronage of the lovers of antiquities, the artist who executes the remaining designs and defcriptions. The volume now before us contains the fequel and conclufion of the Antiquities of Scotland, executed in the fame mafter ly manner as the preceding volume, reviewed in Vol. XVIII. p. 425, of our Magazine. The various awful monuments of antiquity, and the beautiful picturefque views of the furrounding countries, afford ample gratification to the curious and difcerning eye. The engravings, in general, are by the fame diftinguished artifts, of whom we made honourable men tion in our account of the first volume; but as all lands are not equally fertile, fo muft it ever happen with respect to descrip tions of antiquities; records are not always to be met with, nor documents to be found furnishing materials for entertaining hiftorical anecdotes. Such readers, therefore, who do not find fufficient fatisfaction in the poffeffion of the valuable reprefentations of the antiquities themselves fo exhibited in the engravings, will not find G2 fo rich a fund of literary amusement, as in the former volume. An ample Introduction explains a number of circumstances neceffary for the reader to be apprized of, before he enters upon the work itself. Such among others is the curious extract from Nemmo's Hiftory of Stirlingshire, concerning motes, or artificial mounts, of which there are many in Scotland, and a few in England; "ufually," fays our author, "mistaken for military works, a fort of ancient cavaliers, raised to command the moveable towers, fo commonly used in the attacks on fortrelles. I, among others, for want of having feen and confidered thefe mote and court hills, was led to adopt that idea. But the following account of them by Nemmo, seems to me uncontrovertible. "In ancient times, courts for the adminiftration of juftice were generally held in the open fields, and judgment was both given and executed in the fame place; in every earldom, and almoft every barony and jurifdiction of any confiderable extent, there was a particular place allotted for that purpofe; it was generally a fmall eminence, either natural or artificial, near the principal manfion-houfe, and was called the Mote-hill, or in Latin, Mons Placiti." This mode of diftributing juftice appears to have been the custom of almost all nations, in the more early days of their State; and that not only to give their judicial procedures a greater appearance of impartiality and juftice, by being carried on in public view, but because there were not houfes large enough to contain the numbers that ufuaily attended them. The Court of Areopagus at Athens fat for many years after its firit inftitution in the open air, as did the ancient courts of the Egyptians, Gauls, and Germans. The Saxons ordinarily held their national councils on eminences; hence they were called Folkmotes, that is, the meeting of the people. Twice a year too, there were general meetings in every fhire, which were called Shire-motes. After the Norman conqueft the practice was not continued (in England), inferior courts of judicature for the adminiftration of juftice were alfo held in the open air, both in England and Scotland; hence they are called juftice-airs. The veftiges of mote-hills are to be seen almoft every where. We fuppofe alfo, that the prefent titles of Chief Juftices in Ayre, North and South of the Trent, and the ward-motes of the aldermen of the city of London, have the fame origin. In order to connect this explanation with the fubject of it, we recommend to the curious the two plates No. I. and II. in this work, of the mote of Urr, marked Galloway, as being in that county; it is the moft perfect of any of the kind and engraved in to masterly a ftyle, that the printed defcription and the views reciprocally illustrate each other. In that place all the vaffals of the jurif. diction were obliged to appear at certain tines; and the fuperior gave judgment in fuch cauíes as fell within the powers committed to him by law or custom; on the fame fpot too the gallows was ordinarily erected for the execution of capital offenders: hence thefe places commonly go by the name of the Gallows Knoll. Near the Glames Caftic, of which we have two Royal palaces there was ufually a mote- plates in the prefent volume, and a detailhill, where all the freeholders of the king-ed defcription of the apartments, from an dom met together, both to tranfact public offices, and to do homage to their fovereign, who was feated on the top of the emihence the mote-hill at Scoon is this day univerfally known. It is highly probable that Hurly Heaky was the mote-hill of the Caftle of Stirling, or perhaps of a much larger jurifdiction. In 1360, a deadly feud, which had long fubfifted between the Drummonds and Monteaths, at that time two of the moft powerful families in Perthshire, and which had been the caufe of much rapine and bloodshed, was compofed by the interpofition of Sir Robert Erskine and Sir Hugh Eglinton, the two great jufticiaries of the nation, in the neighbourhood, if not on the very mount. Our authority fays, Super ripam aqua de Forth juxta Strivelyn. anonymous writer of A Journey through Scotland in 1723, is a piece of antiquity of great note, from its being the refidence of the unfortunate King Malcolm II. and the room is ftill fhewn in which he was murdered. "Glames Caftle originally confifted of two rectangular towers, longer than broad, with walls of fifteen feet in thickness. Great additions and alterations were made to it by Patrick Earl of Kinghorn, about the year 1606, and the architect employed was the famous Inigo Jones. This palace, as you approach it, ftrikes you with awe and admiration, by the many turrets and gilded baluftrades at the top. The houfe is the highest I ever faw; the ftairs from the entry to the top confift of one hundred and forty-three steps, of which the the great stairs, where five people can mount a-breaft, are eighty-fix, each of one ftone. In the first floor are thirtyeight fine rooms. When the Pretender lay here in 1745, they made eighty-eight beds within the house for him and his retinue, befides thofe for the inferior fervants, who lay in the offices out of doors. In the court before the Minifter's houfe is fhewn a stone, on which is engraved a cross and divers figures, faid to allude to the murder of Malcolm, and the death of the murderers, who, attempting to crofs the lake of Forfar, then lightly frozen over, the ice broke, and they were drowned. Divers weapons, with fome brafs veffels lately found in draining that lake, are fhewn in the caftle." The two plates of the prefent edifice are amongst the beft in the collection. Two plates of the Laggan Stone, in the county of Galloway, merit particular attention, as it is a fingular natural curiofity." This huge tone, which is fo poifed as to be moveable with a small exertion of force, ftands near the fummit of a high ridge of mountains called the Kells Rins. The particular hill on which it is fituated is called Mullx, and the ftone itself is called The Mickle Lump. The dimentions of this ftone are, its greateft length, eight feet nine inches; its height, five feet one inch and a half; its circumference, twenty-two feet nine inches. To the defcription of Alloway Church, in Ayrshire, is annexed a whimfical note, according with the fuperftition of the times when this church was in a perfect ftate; at prefent it is only a venerable ruin. "This church is alfo famous for being the place wherein the witches and warlocks ufed to hold their infernal meetings, or fabbaths, and prepare their magical unctions. Here too they used to amufe themselves with dancing to the pipes of the "Muckle-horned deel." Divers ftories of these horrid rites are still current; one of which my worthy friend Mr. Burns has here favoured me with in verfe."-Then follows Tam O'Shanter, Tale, an entertaining little poem, by the fame friend, to whom Captain Grote acknowledges himself indebted likewife for marking out what was moft worthy of notice in Ayrshire. An Index Map to the Antiquities of Scotland, fhewing the fituation of every building defcribed in the work; an elegant vignette to the frontispiece, engraved by Milton, and one hundred and two other plates of abbeys, monafteries, cafties, towers, palaces, and edifices of various kinds, complete this work; from which we shall felect a few more, befides thofe already noticed, as fuperiorly picturefque and ftriking; recommending, however, to the curious and affluent, the obtaining poffeffion of the whole collection, as the tate and judgment of men will always differ. The two views of Kenmure Castle, Dolynharran Caftle, Colaine Caftle, Nid Path Caftle, Loch Orr Caftle, Monk's Tower, two views of Campbell Castle, two plates of Dumfermling Abbey, OldAberdeen Cathedral, and Peath's Bridge, having ftruck' the fancy of the writer of this article, he with great deference refers them to better judges. But he cannot conclude without making his grateful acknowledgments for the letter from J. H. to the Editor. See p. 420 of our Magazine for laft month, giving the explanation requested in a note to our review of Vol. I. of the Antiquities of Scotland, refpecting the diftin&t mention made in all Acts of Parliament, Briefs, &c. of the town of Berwick upon Tweed. It is both fatisfactory and highly entertaining. Letters on Education. With Obfervations on Religious and Metaphyfical Subjects. By Catharine Macaulay Graham. 8vo. 6s. in Boards. Dilly, IN our former Review of this elegant and instructive Work, we noticed thofe modes of education which more immediately apply to the early ages of infancy, and we have with equal pleafure and fatisfaction attended this philofophic preceptrefs through the remainder of her volunie, from the rudiments on which the would "teach the young idea how to fhoot," to thofe higher principles by which the culture of that artificial being," a " focial an," fhould be governed. Treating with great force and ingenuity of the advantages which youth may derive from thofe innocent employments which add grace to the perfon and dignity to the mind, Mrs. Macaulay Graham inculcates the important truth, that " happiness is more likely to be found in the gentle fatisfallions than in the bigher enjoyments of life, and proceeds to display the dangers of falfehood, the influence of religion, and the effects of benevolence: a virtue which the ably thews to be of fo comprehensive a * Vol. XIX. p. 269. nature mature, that it contains the principle of every moral duty. It is, however, on the judgement and attention of the preceptor, whether in the character of parent or tutor, that all the advantages of education mult depend." When the talk of education," fays Mrs. M. G. " is given up by parents, and children are to be put into other hands, it is common in the choice of a tutor to look for no other qualities than thofe of learning and integrity. It must be owned, Hortenfia, that learning and integrity are no ordinary endowments, and it were well if every one who undertook the important talk of cul tivating the human mind, had no deficiencies in either of thefe qualities; but if karning is not united to judgement, penetration, and fagacity, it becomes a dead letter, or a magazine of opinions, from which error is oftener produced than truth. Neither are the virtues of the understanding the only neceffary qualities in the character of a tutor; they must be accompanied with the virtues of the heart, or the education of the pupil will be very incomFlete. "The tutor fit to raise man to that high degree of excellence of which his nature is capable, muft himself partake of the excellence he bestows. His learning muft be accompanied with modefty, his wifdom with gaiety, his fagacity must have a keen nefs which can penetrate through the veil of prejudice, and attain to the high fupe. riority of original thinking; and the virtucs of his mind must be accompanied with that tenderness of feeling which produces the most valuable of all excellencies, an unconfined benevolence. "A tutor who comes under this defcription, will undoubtedly perceive the neceflity of laying afide the ufual method of rounng virtue by the principle of pride. He will avoid the making invidious compacifons and distinctions, or the beftowing excoflive praifes on fome particular perfon, in order to point him out to the pupil as an object of emulation, and confèquently as an object of envy. "It is by fuch injudicious methods that the most banciul of all the paffions is nonrifhed in the young mind, til: it encreates to a luxuriance which taints the whole character. And it is thus that the affeetion between brethren, which ought to be particularly cherifhed by thofe who have the care of youth, is gradually weakened, and at length too often extinguished." The fentiments of Rouffeau, that the human mind is not to be tampered with unit has acquired all its faculties, are in The fome degree adopted in the prefent treatife; that until the mind has attained fufficient strength to co-operate with its inftructor in rejecting by the dictates of judgement improper affociations of ideas, and in select ing fuch as are to be defired, it were better to leave it entirely to the fimple impreffions which it receives from example and the experience of confequences; that the first tea or twelve years of life fhould be devoted to the strengthening of the corporal faculties, to the giving ufeful habits, and to thote attainments which can be acquired without burthening the mind with ideas which it cannot well comprehend. For this purpofe Mrs. Macaulay Graham recommends a fyftem of literary education, commencing in the plain and simple elements of the fciences, and purfued in their feveral combinations in proportion as vigour of intellect increases with the progrefs of life; and at the early age of nineteen, Mrs. M. G. conceives that her pupil would have acquired a fund of knowledge to enable him to commence the study of politicks, and to make himself master of the queftion agitated by Harrington, Sidrey, Locke, and Hobbes, in the pace of a year. mind of the pupil being thus ftored with knowledge, the next important task is, to teach thofe modes of legic which will enable its poffeffor to difplay it with most honour to himself and advantage to fociety. "Had Dr. Johnfon," fays Mrs. Macaulay Graham, not, unfortunately, taken it into his head that he could with innocence play the fophift for victory in converiation, he would have been a much more useful member of fociety than he really was, and his fame might perhaps have been greater; for truth, when defended with kill and vigour, throws a luftre on the combatant which error cannot do. Had the nicenefs of his confcience led him to guard against thefe breaches of integrity, had he only ufed his great abilities in the inventigating and illuftrating truth, ipftead of confounding the reason of others, he might, perhaps, in the courfe of his enquiries, have corrected in himself, and in thofe who enjoyed the happiness of his converfation, many fond errors taken up in hatte, and defended from motives of vanity. But before I have done with this extraordinary man, who has made fuch a noise in the literary world, and whose abilities I always refpected, I shall relate to you a circumftance of converfation which happened between him and me, and which at the time it paffed I regarded as too trifling for notice, but which has been thought worth relating, with additions quite foreign to the fimplicity of the circumitance as it really existed: 66 "Dr. Johnion was fitting by me at the coffee-table whilst I was making this liquor, of which he was very fond. In the courfe of converfation a topic which had been debated at dinner, was renewed, and on which, I must acknowledge, I had ufed fome arguments against political diftinctions. Why," fays the Doctor, in one of his replies, "do you not afk your fervant to fit down with us, instead of fuffering him to wait?" "Doctor," faid I, "you seem to miltake the whole bent of my reasoning; I was not arguing againit that inequality of property which muft more or leistake place in all focieties, and which actually occafions the difference that now exists between me and my fervant; I was speaking only of political diftinctions, a difference which actually does not exist between us, for I know of no distinctions of that kind which any of the Commoners of England poffefs. Was my fervant obliged to ferve me without a pecuniary confideration, by virtue of any political privilege annexed to my ftation, there would be fome propriety in your remark." This manner of treating the queftion fhews, that Dr. Johnson would argue loofely and inaccurately when he thought he had a feeble antagonist; and that victory, not truth, was too often the thing fought after. However, the opposition of opinion between us paffed off with great good humour on both fides. The reft of the companywere engaged in converfation in another part of the room; nor was the fervant prefent who was mentioned in the argument. But to return to our fubject, from which this anecdote has carried us. "That wrangling difpofition, that readinefs to oppofe the fentiments and opinions of others, and to engraft our fame not on having illustrated fome ufeful truth, but in the defeat of an antagoniit, even at the expence of our integrity, like all other vices, lies in the defects of education. Logic, which is undoubtedly a neceflary part of tuition, as it can alone enable us to defend ourselves against the wiles of fophitry, will neceffarily make us adepts in the defence of error. "The abuse of this fcience is abfolutely encouraged in the schools, in order to accuftom pupils to manage their weapons with dexterity. In the practice of the bar its abule is attended with flowing fees; and as the applaufe and refpect of fociety is fure to attend those difputants who, with a torrent of words and a specious ar rangement of arguments, can bear down all opposition, and give a show of reason and truth to propofitions which are the moit deftitute of either, it tempts the vanity of youth to enter the lifts on every op portunity that offers, and to alpire after the victor's crown, though at the expence of honefty and integrity. Hence all convivial meetings are either fpent in the dull unmeaning jargon of fashionable life, or changed from the purport of innocent and improving converfation, exhibit no fuch friendly intercourfe of fentiments and opinions, as may be found where every man, in the fimplicity of his mind and the integrity of his heart, furnishes his quota of acquired knowledge. Yes, Hortenfia, in the Attic entertainments of these days, a pert vivacious quickness carries away the triumphs due to wit; a farcaltic cenforioufnels takes the place of honeft fatire; and fophiftry, the moft teftable of all human arts, finds in the applaufe of fools and knaves a reward for the abuse of reafon, and the injury of truth. "To prevent young perfons from falling into thefe depravities, we must endeavour to convince them that true wit is ever on the fide of good nature and virtue; and that honeft fatire never wounds but with a view to amend. We must inform them that fublime geniutes, though they perceive the ridicule of things, do not delight in it; for truth and beauty are their purfuits. We must by example, as well as precept, difcourage every attempt to ill natured raillery and cenfure. Inftead of beltowing lavish praife on our pupils for conducting themfelves with addrefs in their debates, we must measure our approbation by the importance of the truths they have defended. We muft expatiate on the beauty of that modefty and gentleness in youth, which makes them backward in contradicting, except where the interefts of truth demand their interpolition. muft give a critical attention to the manner of their conducting debates, and reprove or commend in proportion as they have thewed patience in attending to the arguments of their opponents; as they have fhewed foftnefs, or the contrary, in the words they have made ufe of, or as civility and good will, or rudeness and difrefpect, have prevailed in the tenor of their deportment." We Having treated of the means by which ufeful knowledge may be belt instilled into the human mind, Mrs. Macaulay Graham makes many ingenious obfervations upon Politenels, Fafhion, perfonal Beauty, Flattery, |