casting an anxious look on the lace frills and ruffles which, artfully attached to the sleeves and waistcoat, might by some untoward accident, betray the coarse and discoloured shirt which they are meant to conceal. Thus they trudge to the palace, to walk up and down the galleries for hours, till they have succeeded in making a bow to the minister or any other great personage on whom their hopes depend. Having performed this important piece of duty, they retire to a very scanty dinner, unless their good stars should put them in the way of an invitation. In the afternoon they must make their appearance in the public walk, where the royal family take a daily airing; after which the day is closed by the attendance at the Tertulia of some great lady, if they be fortunate enough to have obtained her leave to pay her this daily tribute of respect.'

It only remains for us to observe, with regard to the style of this volume, that it is at once nervous and elegant; and if the letters be, as we are assured they are, the unassisted composition of the author in his adopted language, they are singularly creditable to him, for they would not disgrace the pen of an accomplished Englishman.-The Account of the Suppression of the Jesuits in Spain,' which is contained in the Appendix, and to which we can do no more than refer our readers, we understand to be from the pen of Lord Holland.

H

ART. VII. Letters to Count Toreno on the proposed Penal Code, delivered in by the Legislation Committee of the Spanish Cortes, April 25th, 1821. Written at the Count's request by Jeremy Bentham, Esq. 8vo. pp. 120. 5s. Boards. Wilson. 1822. ERE is a very different publication on the present affairs of Spain from that to which we have just directed our attention, and written by a very different pen. Those who know this pen will not wonder that we have to express our regret that the sound maxims in jurisprudence, the judicious observations on the object and character of laws, and the very sagacious reflections on human nature, which this volume contains, are so mixed with personal considerations and with comments on passing occurrences, that, while cursory readers can only be confused and distracted by the miscellany, even more persevering inquirers will find it difficult to separate the remarks of permanent importance from those which are incidental to the moment, or discover the secret thread that may guide them through the labyrinth. It is the misfortune of this author that, in his productions on ephemeral topics, he distributes no lights and shades, and observes no proportions; the most indifferent points being discussed with as much gravity, and with as minute and subtle an analysis, as those which

involve

involve the whole theory of legislation or the happiness of all mankind. A patient student, however, will discover that Mr. Bentham, in the volume before us, has most successfully pointed out many ambiguities of phrase, and many unmeaning and noxious generalities, in the proposed Spanish Code; while he has animadverted with much severity on those passages which, if not intended to be so employed, may still be perverted into engines of tyrannical and priestly oppression. In every part of his observations, indeed, in which he confines himself to a criticism on the Code, he discharges his duties as censor with consummate ability, and with that nice tact which even the most acute and intelligent can acquire only by long experience. We know not whether it be from that lassitude and that desire of change which close attention to one subject almost invariably occasions, or from a sportiveness of temper such as seems to inspire the huge Leviathans when they gam bol about in the waters, but so it is that Mr. Bentham perpetually delights to quit the main object of his speculations, and to prance about in some bye-paths; running over the gamut of his legislation, and threading the mazes of his intricate logic on matters which we dare say he would term collateral, but which appear to us often totally irrelevant.

6

The best letters in the volume are the fifth and the seventh, bearing the title of The Many sacrificed to the Few,' and Support sought for Religion in Slaughter and Persecution. We extract from the seventh letter the passage in which Mr. Bentham endeavours to draw the line, in order to shew in what cases of imputed offences against religion the civil power should interfere, and in what other cases such interference is to be deprecated as not merely unserviceable but prejudicial:

"What?" (says somebody)" and, among all the sorts of acts, to which the chapter on Religion seeks to apply prevention, and for the purpose of preventing punishment, is there absolutely not any one to which, if it depended upon you, you would apply prevention, and even in some shape or other, punishment? Ő yes, some there are unquestionably: namely, all those acts, by which, to human beings to an indefinite or other adequately large extent, I see any real evil, in a word, any sensation of an uneasy nature, to a certain degree of intensity, produced. Here, then, is a line drawn, which, if drawn on the proper plan, would be at any rate a tolerably plain and clear one. All exhibitions, which, being to the minds of individuals taken in any considerable number, productive of uneasiness on a religious account, are offered to their senses in such manner as that the unpleasant sensation produced by them, whatever it be, as unavoidable-all such acts are, in my view of the matter, objects calling for prevention by means of punishment; and, in this consideration, I

cannot but approve of the principle acted on in Articles 237, 238, and 239. of the proposed Code.

Why? Because man is a being but too susceptible of uneasiness, and the more of it he can be saved from the better. But the Almighty is he a being susceptible of uneasiness in any shape? For my part, I cannot find any sufficient reason for believing him so to be; however, if on this point the Cortes, by means of information received from those to whom it belongs to give it, have been more fortunate, - this point must be considered as settled. But, this point being supposed to be thus settled, then come two or three others. The Almighty being susceptible of uneasiness, and in particular of uneasiness produced by words employed by men, in speaking to or of him, is it his almighty will to be saved from such uneasiness, or not? if yes, does he stand in need of any human power, and in particular of that of the Cortes, to give effect to such his will? if, on the contrary, it is his almighty will not to be saved from such uneasiness, but to continue suffering under it, does it become the Cortes to endeavour to oppose their power to such his almighty will? and if yes, does such opposition afford any considerable promise of proving effectual? Corresponding questions, in regard to the saints; to whom also, meaning doubtless the departed saints, the protection provided for the Almighty is, in Article 237. (I perceive) extended. Having ventured so far as to submit to your view these questions, the answers I must be content to leave, which I do without reluctance, to the competent authorities.

These things considered" blasphemies," or "imprecations,' (Article 237.) or whatever else be the denomination given, to portions of discourse, by which, with or without production of uneasiness, offence has been supposed to be given to God, or to the saints, or to both, so long as they are confined to writing or printed books, or to private conferences, not open to the public at large, into which he, to whom what is said is productive of uneasiness, entered of his own free choice, without being obliged to repair thither in prosecution of any matter of business; to no such discourses, how revolting so ever to myself, could I, if it depended on me, think of applying punishment in any shape. But, in a promiscuous multitude, - in a church suppose, a judicatory, or any other public building, or in a road or market-place, or a ship,suppose such language uttered, uneasiness to men may be produced, and with it demand for punishment.

'Whatsoever may be the justice with which the above observations may be found to apply to offensive audible exhibitions, - with correspondent justice they will, I think, be found to apply to visible exhibitions: it matters not through what sense the wound passes to the mind, if the mind is wounded.

Whatever difficulty may have been produced in gentlemen's minds, by offences styled offences against religion considered as commissible by individuals at large, it is but a small, matter (I should suppose) in comparison of that produced by offences through religion: offences apprehended at the hands of that par

ticular

ticular order of men, in whom, among you, the votaries of religion are wont to behold its special and little less than exclusively authorized guardians.

As to myself, reference always made to the greatest happiness of the greatest number, I beheld as issuing from this source two widely different michiefs: the one temporary in its nature, the other permanent. 1. By the temporary mischief I mean that which consists in opposition made by this particular class of functionaries, to the government composed of all the other classes of functionaries: a mischief, which, to the greatest number of the people, is great, in proportion as the conduct of the present government is, in a higher degree than that of the late, conducive to that same greatest happiness. 2. The permanent mischief is that which I apprehend, from the junction of the body of the sacred functionaries with the profane ones: the junction, of the two particular interests of these two sections of the ruling few, into a body of particular and thence sinister interest, which will thereby be so much the more effectually enabled, --as, if the body be composed of men, it cannot but be as surely disposed, to sacrifice, to its own supposed greater happiness, the greatest happiness of the greatest number; — or, if interest be the word, the universal interest.

6

--

Supposing the old government to continue unrestored, — the temporary mischief, as above described, will be growing less and less every day, as the functionaries established under the old government drop off, and as the public mind grows more and more enlightened. In corresponding proportion will the permanent mischief take its place; and, when it has once swallowed up its present opponent the temporary mischief, will remain in possession of the field, without any thing, unless it be the spirit of the people, to oppose it. In a word, the temporary mischief is superstitious influence: the permanent mischief, corruptive influence.

In the temporary mischief I see nothing very formidable: : nothing but what, under the constitution as it stands, may admit of a remedy an easy, a gentle, and an effectual remedy. This remedy, Sir, I shall proceed to submit to you; and with the less diffidence, considering how near on some points it comes to that which I see employed by the Committee.

For conciseness I shall put it into a form in some respects similar to what I should pursue in the penning of the correspondent part of a Code. But, I must beg of you not to consider it, as any thing like an adequate sample of such a Code. To give to it any thing like the precision and conciseness, that would be given to it in a regular work of that kind of which it would form a part, is altogether impossible. In any such fabric of my construction, the form of each part would be dependent on that of every other.

General description of the proposed remedy.

1. With the exception of ecclesiastical functionaries in general, and bishops in particular, addressing themselves in print or writing to the people within the range of their authority, in the

Cc 3

exercise

-

exercise of their official functions, leave to persons of all descriptions ecclesiastics of all classes as well as others - the complete liberty of publishing whatsoever they please on the subject of religion: without exposure to punishment in any shape, or impediment to the circulation of such their discourses.-N. B. Such, only without the exception, is the state of the law in the Anglo-American United States: and no mischief in any shape, no such mischief as that of oppression by government, or disaffection towards rulers, or discord as between citizen and citizen through the instrumentality of religion, is produced by it, or has place there.

2. On the part of an ecclesiastical functionary of whatever class, let the publication of any instrument, on the face, or on the occasion, of which, either by his proper name or the name of his function, he stands designated, either as sole author, or partaker in the authorship or publication, of such instrument, designated whether in the direct way, or in any way howsoever indirect, stand interdicted: unless and until it shall have received a license in writing under the hand of a functionary of the temporal class; say the political chief of the province.

In this case, though the composition of the instrument is, as consistently with the religion in question it cannot but be, the sole act of the ecclesiastical functionary, yet the publication of may be considered as the joint act of the ecclesiastical functionary and the temporal: or a relative censorship may be considered as established, with the temporal functionary for censor. The operation is the same, in whichever light considered.

it

N. B. To this purpose must be considered not beneficed ec clesiastics only, but all ecclesiastics whatsoever, regular as well as secular. For, it is not only from special power or dignity, but from the sacred character common to them all, that their influence is, in the instance of each, wont to be derived.'

We have quoted the above passage not merely on account of its intrinsic excellence, but because we think that some recent exertions of misguided individuals, spurred on by zeal without knowlege to usurp the functions of the public prosecutor, shew that even in this country the rights of freedom of inquiry in matters of religion are by many but imperfectly understood. We earnestly recommend the reflections contained in the preceding extract to the consideration of all those whose sincerity may dispose them to bigotry, and whose ardor may betray them into any tendencies towards intolerance and persecution.

It will appear that we are much better pleased with the matter than with the manner of the tract before us. We have before spoken of the uncouthness of phraseology in which Mr. Bentham indulges, and in which from a sort of whim he seems to delight; as well as those parentheses and involutions of sentences with which his readers are doomed to

be