SIR, Is To the Publifher *. SEND you a fhort, but authentic, fome active member of parliament, abftract of the very excellent to induce him to take a leading part new Code of Criminal Laws, pub- in the introduction of a body of crilifhed by the Grand Duke of Tuf- minal laws, more humane towards cany, on Nov. 30. 1786, of which the unhappy objects of them, and a very inadequate, and, in fome re- more beneficial to the community, fpects, erroneous account has been than that which at prefent pregiven in the news-papers, with the vails. Such an undertaking, prose, addition of a tale of capricious cru- cuted with vigour and perfeverance, elty, which, I am well informed, would entitle the promoter of it to is abfolutely falle. every reward which a grateful people could beftow, and would immortalize his name among the best benefactors of his country. From the following outlines of fo noble a system of criminal jurifprudence, (which does the greatest honour both to the head and heart In the preamble of the edict it of the princely legislator), your is fet forch, That the legiflator does readers will be enabled to form not publish it without due experifome idea of the liberal and humane ence; but that having, by his fofpirit which pervades the whole. vereign authority, mitigated all puOf the fanguinary nature of our nifhments for the 20 years he has own penal laws, complaints are dai- reigned, he has found that crimes, ly made with but too much juftice; inftead of increasing, have remarkwhile the frequency of capital pu- ably diminished; the less very rarenishments in this country proves at ly happening, the greater being toonce their inefficacy towards the tally unheard of. It proceeds to aprevention of crimes, and the con- bolish all capital punishments; brandfequent neceffity of a material re- ing, ftrappado, and all punishments form in our penal laws. This fub- that mutilate; torture; confifcation ject has been repeatedly brought for- of goods, and forfeiture of estates; ward in parliament, though nothing and, finally, treafons of every kind, effectual has hitherto refulted from equalling them to crimes against intheir deliberations upon it. From dividuals. It then proportions the the fmall extent of the Tufcan do- following punishments to the nature minions, the nature of the govern- of the crimes; trifling fines, in no ment, and other local circumftances, cafe exceeding 300 crowns; priit would be abfurd to fuppofe that vate whipping; imprisonment, nea code, compiled for their imme- ver to exceed a twelvemonth; badiate ufe, can be adopted here, in nishment to a els or greater difany part, without much alteration tance; pillory without banishment; and modification. But I am of opi- pillory with banishment; public nion, that many useful hints might whipping; public whipping on an be collected by an attentive, confi- afs: for the women, confinement derer of the Tuscan code, towards in the house of correction from one the improvement of our own. It year upwards; if for life, the fubwould, therefore, give me much flitute for death, the criminal to pleasure to hear that this foreign have a different dress, on which are fyftem of legiilation (of which there to be fewed the words ultimo fupare a few copies in England) has plizio: for the men, condemnation fufficiently engaged the attention of to the public works, as in the mines VOL. VI. NO 34. I i Of the Gentleman's Magazine. in of Leghorn, &c. from three years upwards: if for life, a different dret's like that for the women, and, beûdes a ring to the leg, a double chain, naked feet, and the employment of the most fatiguing kind. Befides, the trials are fimplified; the prisoner has many advantages he had not before; the frequency of oaths is diminished, all evidence being to be given without, except on the prisoner's requiring an oath to be administered to any fufpected witnefs, when it is to be perform ed in a very folemn manner. And even the few fines that are to be levied are not to go to the treafury, but to make a fund for the indemnification of thofe who have fuffered by infolvent or fugitive criminals. in the ifle of Elbo, the fcoop-boats and gratitude of his fubjects as the moft flattering reward of his conftant attention to the public good, has received, with the most heartfelt delight, this new and unequivocal proof of their affection; which, from the manner in which it has been offered, does equal honour to the character of the nation, and to their fovereign. He does not object entirely to fome public token, which may perpetuate the memory of his paternal folicitude for the happiness of his people, and of the grateful and fincere affection borne to him by his people in return; but he thinks that a plain infcription on a marble tablet, affixed to fome public building, will fuffice for this purpofc. If, however, the fubfcribers are defirous of employing, in an undertaking of a public nature, the fum they have offered for the statue, of which he totally difapproves, it will be much more agreeable to him, that, to a work of oftentation and luxury, they prefer fome work of public ufe: and, towards an undertaking of this fort, his Royal Highnefs defires to be confidered as a fubfcriber of whatever fum may be wanting to complete it." Such are the principal heads of this excellent edict! I fubjoin to it a tranflation of a genuine letter, written by the fpecial command of the Grand Duke himfelf, in anfwer to an address prefented to him on the part of a numerous body of his fubjects, wherein they requested his permiffion to erect an equeftrian ftatue to his honour, in teflimony of their grateful fenfe of his new code of criminal law; for which purpose 12,000 crowns were fubfcribed in three days. "His Royal Highnefs the Grand Duke has feen the addrefs, fubfcribed by feveral perfons, wherein they requeft his permiffion to erect a flatue of bronze; and he has alfo been informed of the cagernefs with which this work is defired, and with which, without any preconcerted plan, and without any fpecial promoter, they are unanimously forming a fund to effect it. His Royal Highnefs, who confiders the love Among many propofed infcriptions, the following is the beft: "PETRO LEOPOLDO, P. F. A. Quod omni in reos, vel fufpectos, fæviendi atrocitate remotâ, novam de-criminibus tutiffimam legem ediderit: quæftionis fæpe inutiles cruciatus, et femper injuftos, adverfas infontibus tantum bonorum publicationes, et capitalem pœnam nemini unquam debitam divinâ fanétione abrogaverit: perduellionis criminationem (maxime fui et fubditorum laus) fublatam voluerit: principi optimo, patri indulgentiffimo gratulatur Hetruria." A Differ A Differtation on the Origin and Frogrefs of the Scythians, or Goths; being an Introduction to the Ancient and Modern History of Europe. By John Pinkerton. London. 1787. HIS work is full of research, and full of genius. It is to be lamented, that, in fome places, it is likewife full of spleen. Mr Pinkerton was led to the ftu dy of this fubject, by being enga ged in a most laborious research into the Hiftory of Scotland preceding the year 1056. In this refearch he found it established, by incontrovertible authorities, that the Caledonii, or Ficti, came to this country from German Scythia, or Scandinavia. He found alfo, from the united teftimony of the ancient Greek and. Latin authors, that the Scythians had proceeded from Little, or Ancient Scythia on the Euxine. He was, therefore, eager to inquire how the Scythians came to give their name even to the most northern parts of Germany, from the earliest days of Grecian literature, down to a very late period; and how, in the darkness of the middle ages, Scandinavia came to be regarded as the true Scythia, or Scythia Antiqua. The refult of his Inquiry is That the Scythians, Getae, and Goths, are all one people. That the Scythians, or Goths, proceeded from Afia into Europe, not from Scandinavia into Afia. The firft Scythian empire is placed by Mr Pinkerton in present Perfia. the Euxine, the Scythians, Getae, or Goths, gradually extended over most of Europe; and that the Greeks and Romans were Goths or Scythians. That the Germans are neither of Sarmatic nor of Celtic origin, but of Scythic, or Gothic. That this is proved from the identity of language. That it is proved from the testi monies of ancient authors. That it is proved from fimilar manners. That through Germany the Scythians, or Goths, peopled Gaul; of which only a third part, and that the leaft powerful, was left to the Celts in the days of Cæfar: and that the Belge, or German Gauls, peopled Britain,and from thence Ireland. That Scandinavia was peopled by German Scythians; and that the Peukini and Sitones, two divifions of the Bafterna, were the Scythic or Gothic tribes which peopled it. That the Peukini were the very firft Bafterne who paffed over to Scandinavia; and that they proceeded north-west till they emerged under the name of Picti, the Feltar, or Pechtar, or Fihtar, of the Saxon chronicle; Pehiti of Witichind, and Pehts of ancient Scottish poets, and modern natives of Scotland, and the North of England. And thus all Europe, with the exception of Ruffia, Poland, and Hungary, (peopled by Sarniate and Huns), is held at this day by the progeny of the Goths. That from prefent Perfia, as the punctum faliens of their progrefs, having croffed the river Araxes, and the Caucasian mountains, upon the invafion of Ninus, about 2,200 years before our ærà, they fettled upon the East, North, and Weft, of the Euxine, in the tract defcribed as Ancient Scythia by Herodotus, and many others, and which is now the Crimea. That, from their fettlements on of Scotland, Ii 2 With regard to the Celts, Mr Pinkerton endeavours to prove them the first favages of Europe, whom the Scythic fettlers conftantly drove weftwards before them, and who at laft found a refuge in the mountains of Wales, and the highlands Such Such is the general fyftem of Mr Pinkerton. Its particular parts are fupported, each of them, on fo folid a foundation of learning, extenfive inquiry, and found argument; they fo coalefce one with another, and are ftrengthened by the mutual union, that the prefent publication, while it compels our affent, furnishes us also with views of the ancient hiftory of Europe, moit inftructive and moit pleafing; inftructive from their nature, and pleating from their certainty. It is the moft folid piece of antiquarian research which the literary world has, perhaps, yet feen. The labour of Mr Pinkerton feems to have been exceffive. The perufal of the ancient authors alone confumed more than a year, though he allotted eight hours a-day for this purpose. A lift of the authors, and of the editions used by him, is prefixed to the work. Mr Pinkerton proceeds upon the following maxim, that "ancient "authorities are facts in hiftory;" fo that" antiquarian refearches, "when complete, are infallible; "for no new facts can occur in antiquity." He, therefore, laughs at thofe, and he laughs juftly, who talk of opinion upon fuch fubjects; because it is equally abfurd to opine that a Scythian is a Celt, as that fnow is black. Facts as fuch, are not matter of opinion. Ardency of expreffion is the infeparable attendant of the discovery of truth; efpecially of truth long difputed, or which has been long hid in obfcurity. But Mr Pinkerton has too much of it. He never mentions the Celts but with the utmoft wrath and indigna tion. It must be granted to Mr Pinkerton, that Celtic nonfenfe is of all nonfenfe the most abominable. Yet this is no impeachment of Cel. tic reafon. In his preface, he breaks out into a moft rapturous panegyric upon the wifdom, the humanity, the ju ftice, of the Goths, and upbraids us for ufing the name Goth as a mark of deteftation. And his panegyric is well-founded; his cenfure juft. But why make the Goths, who over-ran the Roman empire, exclufively our fathers, when the praife of thefe very Goths, accord ing to himself, is, that their clemency.fpared the Romans them felves a Gothic people? On the head of paternity, our reverence to both people fhould be equal; for if the Romans were fpared, they are equally our fathers. Some parts of Mr Pinkerton's Treatife are likewise too keenly preffed, in comparison of their relative difficulty or importance. Jornandes had foolishly faid, that the Goths proceeded originally from Scandinavia, and fome modern wri ters had foolishly believed him. But there was no need of Mr Pinkerton employing fo much wisdom in refuting his folly. To give an extract from this learned work, where every parti cular is fo clofely connected with another, would only disfigure the arguments without inftructing the reader. Prefent Situation of the City of Jerufalem *. Two O days journey to the South of Nablous, the capital of the ancient Samaria, following the courfe of the mountains, which, at every flep, become more barren and rocky, we arrive at a town Volney's Travels in Egypt and Syria. Prefent Situation of the City of Jerufalem. which prefents a striking example of the viciffitude of human affairs. When we behold its walls levelled, its ditches filled up, and all its buildings embarraffed with ruins, we fcarcely can believe we view that celebrated metropolis, which formerly withstood the efforts of the most powerful empires, and, for a time, refifted the arms of Rome herfelf; though, by a whimfical change of fortune, its ruins now receive her homage and reverence; in a word, we with difficulty recognize Jerufalem. Still more are we aftonifhed at its ancient greatnefs, when we confider its fituation, amid a rugged foil, deftitute of water, and furrounded by dry channels of torrents, and fteep heights. Remote from every great road, it feems neither to have been calculated for a confiderable mart of commerce, nor the centre of a great confumption. It over came, however, every obftacle, and may be adduced as a proof of what popular opinions may effect in the hands of an able Legislature, or when favoured by happy circumftances. The fame opinions ftill preferve to this city its feeble exiftence. The renown of its miracles perpetuated in the East, invites and retains a certain number of inhabitants within its walls. Mahometans, Chriftians, Jews, without diftinction of fects, all make it a point of honour to fee, or to have feen, what they denominate the noble and holy city *. To judge from the refpect the inhabitants profefs for the facred places it contains, we fhould be ready to imagine there is not in the world a more devout people; but this has not prevented them from acquiring, and well de 261 ferving, the reputation of the vilest people in Syria, without excepting thofe even of Damafcus. Their number is fuppofed to amount to twelve or fourteen thousand. Jerufalem has from time to time had governors of its own, with the title of Pachas; but it is in general, as at this day, a dependency of Damafcus, from which it receives a Motfallam, or deputy governor. This Motfallam farms it, and receives the revenues arifing from the miri, the customs, and especial ly from the follies of the Chriflian inhabitants. To conceive the nature of this last article, it must be understood, that the different communions of fchifmatic and catholic Greeks, Armenians, Copts, Aby finians, and Franks, mutually envying each other the poffeffion of the holy places, are continually endeavouring to outbid one another in the price they offer for them to the Turkish governors. They are conftantly aiming to obtain fome privilege for themfelves, or to take it from their rivals: and each sect is perpetually informing against the other for irregularities. church been clandeftinely repaired, or a proceffion extended beyond the ufual limits; has a pilgrim entered by a different gate from that cuftomary; all thefe are fubjects of accufation to the government, which never fails to profit by them, by fines and extortions. Hence thofe hatreds, and that eternal jangling, which prevail between the different convents, and the adherents of each communion. The Turks, to whom every difpute produces money, are, as we may imagine, far from withing to put an end to them. They all, in whatever ftation, de Has a rive The Orientals never call Jerufalem by any other name than El-Keds, the Holy. Sometimes adding the epithet El Sherif, the Noble. This word El-Kods feems to me the etymology of all the Gafius of antiquity, which, like Jerufa lem, were high places, and had Temples, or Holy-place's erected on them. |