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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 effence of the offence contifts." Upon this point Mr. Bowles anfwers, that on an information or indictment for a libel, the epithets, or thofe words by which it is alledged that 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 published a libel, the law prefumes that he published it with a bad intent." And we agree with him that they are inferences of Jaw when the Jury, as they may do, find a fpecial 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 circumstances 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 efteemed 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 accomplish, 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 hiftorical 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, however, which Mr. Bowles ufes to prove his pofition are powerful and cogent.
The Letter addreffed to Mr. Fox, occafioned by the motion made in the House of Commons by that Honourable Member, and feconded by Mr. Erskine, for the purpofe of regulating the law of libels, which is written with great spirit and animation, explains the record of the proceed. ings againft Luxford the printer, in further illuftration of the pofitions contained in the former pamphlet ; controverts, with ingenuity, the arguments used by Mr. Fox and Mr. Erikine in the House of Commons; and afferts with eloquence, that the importance, the utility, and, I will add," fays Mr. Bowles, “the refpectability of Juries will be much better fecured, and the rational spirit of the conftitution better enforced by a Jury con❤ fining their attention to fubjects with which they are converfant, than by venturing to difcufs and to determine matters with which, in general (whatever exceptions there may be), they must be prefumed to be unacquainted, and by depriving the public of the advantage of that science which the Judge on the bench has acquired by infinite ftudy and pains-by the viginti annorum lucubrationes."
Grofe, Efq. l. 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 varicus 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, there fore, who do not find fufficient fatisfaction in the poffeffion of the valuable reprefentations of the antiquities themselves exhibited in the engravings, will not find G2
fo rich a fund of literary amufement, 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, raifed to command the moveable towers, fo commonly used in the attacks on fortrefles. 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, feems to me uncontrovertible.
"In ancient times, courts for the adminiftration of justice 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 alled the Mote-hill, or in Latin, Mons Placiti
This mode of diftributing justice ap pears to have been the custom of alinoft 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 ufually attended them. The Court of Areopagus at Athens fat for many years after its firft 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 administration 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 feen almoft every where.
We fuppofe alfo, that the present 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 subject 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 most perfect of any of the kind and engraved in fo masterly a ftyle, that the printed defcription and the views reciprocally illuftrate 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 anonymous writer of A Journey through offices, and to do homage to their fovereign, Scotland in 1723, is a piece of antiquity who was feated on the top of the emi- of great note, from its being the refidence hence the mote-hill at Scoon is this day of the unfortunate King Malcolm II. and univerfally known. It is highly probable the room is ftill fhewn in which he was that Hurly Heaky was the mote-hill of the murdered. "Glames Cattle originally Caftle of Stirling, or perhaps of a much confifted of two rectangular towers, longer larger jurifdiction. In 1360, a deadly than broad, with walls of fifteen feet in feud, which had long fubfifted between the thickness. Great additions and alteraBrummonds and Monteaths, at that time tions were made to it by Patrick Earl of two of the most powerful families in Kinghorn, about the year 1606, and the Perthshire, and which had been the cause architect employed was the famous Inigo of much rapine and bloodfhed, was com- Jones. This palace, as you approach it, pofed by the interpofition of Sir Robert ftrikes you with awe and admiration, Erskine and Sir Hugh Eglinton, the two by the many turrets and gilded bagreat jufticiaries of the nation, in the luftrades at the top. The houfe is the neighbourhood, if not on the very mount. highest I ever faw; the ftairs from Our authority fays, Super ripam aqua de the entry to the top confift of one Forth juxta Strivelyn. hundred and forty-three fteps, of which
the great stairs, where five people can mount a-breaft, are eighty-fix, each of one ftone. In the firft floor are thirtyeight fine rooms. When the Pretender lay here in 1745, they made eighty-eight beds within the houfe 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 house is fhewn a stone, on which is engraved a crofs and divers figures, faid to allude to the murder of Malcolm, and the death of the murderers, who, attempting to cross 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 ftone, which is fo poised 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 tone 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 state; 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
Letters on Education. With Obfervations
IN our former Review of this elegant
themselves with dancing to the pipes of the " Muckle-horned deel." Divers ftories of thefe 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, a Tale, an entertaining little poem, by the fame friend, to whom Captain Grote acknowledges himself indebted likewife for marking out what was most worthy of notice in Ayrshire.
An Index Map to the Antiquities of Scotland, fhewing the fituation of every building described 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 thall 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 taste and judgment of men will always differ.
The two views of Kenmure Castle, Dolynharran Castle, Colaine Castle, 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 struck 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 distinct mention made in all Acts of Parliament, Briefs, &c. of the town of Berwick upon Tweed. It is both fatisfactory and highly entertaining.
on Religious and Metaphyfical Subjects. 8vo. 6s. in Boards. Dilly.
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 comprehenfive a • Vol. XIX. p. 269.
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 learning 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 neceffar y 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 muit have a keen nefs which can penetrate through the veil of prejudice, and attain to the high fupe. riority of original thinking; and the virtues 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 necefiity of laying afide the ufual method of routing virtue by the principle of pride. He will avoid the making invidious compacifons and diftinctions, or the beltowing exceffive 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 bantful of all the paffions is nourifhed in the young mind, til: it encreates to a luxuriance which taints the whole character. And it is thus that the affection between brethren, which ought to be particularly cherished 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
fome degree adopted in the prefent treatife; that until the mind has attained fufficient ftrength 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 ten or twelve years of life fhould be devoted to the strengthening of the corporal faculties, to the giving useful 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 fimple elements of the sciences, 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 himfelf master of the question agitated by Harrington, Sidrey, Locke, and Hobbes, in the space of a year. mind of the pupil being thus tored with knowledge, the next important task is, to teach thofe modes of legic which will enable its poffeffor to display 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 converfation, he would have been a much more ufeful 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 uled his great abilities in the inveftigating and illuftrating truth, ipftead of confounding the reafon of others, he might, perhaps, in the course 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 noife in the literary world, and whofe abilities I always refpected, I fhall 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:
"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 uled 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, inftead of fuffering him to wait?" Doctor," faid I, "you seem to miltake the whole bent of my reafoning; I was not arguing againit that inequality of property which muft more or leis take place in all focieties, and which actually occafions the difference that now exifts 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 loosely and inaccurately when he thought he had a feeble antagonist; and that victory, not truth, was too often the thing fought after. However, the oppofition 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 fchools, 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 thofe difputants who, with a torrent of words and a fpecious ar
rangement of arguments, can bear down all oppotition, and give a fhow 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 spent in the dull unmeaning jargon of fafhionable 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 thefe 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 endea vour 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 muft by example, as well as precept, difcourage every attempt to ill natured raillery and cenfure. Instead of beltowing lavish praife on our pupils for conducting themfelves with addrefs in their debates, we muft 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 interests of truth demand their interpolition. We 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 fottnefs, 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.”
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, Fashion, perfonal Beauty,