For the Monthly Magazine. THE best edition of the works of Dothe Rollandian Press in Lisbon, 1781, 2 vols. 8vo. accompanied by a Life, written by his friend Miguel Tiberio Padegache Braudao Ivo, from which the principal information contained in the foregoing sketch was obtained. * The ease with which he composed, shewed that his genius was more the gift of nature, than the acquisition of art. In his Eclogues and Idylls, elegance and harmony of metre vie with novelty of idea and delicacy of thought. His amatory compositions flow with fervency and tenderness, and in his odes and sonnets,* of which he composed seventy-six, he unites solidity of thought with sweetness of cadence. His Licore, a pastoral drama, is written in the style of the Aminto of Tasso, the Fili de Sciro and the Pastor Fido. In his tragedies of Astarte, Megara,† Hermoine, and Castro, he proved that he knew how to sound the heroic trumpet and the bucolic flute with equal harmony. It is remarked in the writings of this amiable man, that he never contaminated his productions with any licentious term or satyrical expression; and that he was particularly desirous of cautioning his literary friends against altercations, which not only demeaned their characters as authors, but also subjected them to the derision of those who were beneath their notice. He looked with contempt upon those critics, whose criticisms were not superior to the works they attempted to Ao longo de huma praia hum triste dia, Iá quando a luz do sol se desmaiava, O saudoso Alcino caminhava Os olhos pelas agoas estendia, Os suspiros, as lagrimas, que choro, Levai ondas, levai ligeiro vento, Oh se podeis ter dó de meu tormento, Para onde me levastes quem adoro. Que me torneis o bem só vos imploro Que puzestes em longo apartamento. SONNET. 'Twas on a time, when Sol's last glimm'ring ray In ocean sunk-that sore by fate dis may'd, Along the shore, Alcino love-lorn stray'd. His woes the sole companions of his way, And o'er the vast expanse of waters drear His eye he cast, for there he found relief; Whilst heav'd his sighs, and fast the trickling Ye waves transport the tears, which now I weep, Ye winds upon your breezes waft my sighs, To where my long lost hopes of comfort sleep; Where ye have borne the soul of her I prize. Oh, if ye can, have pity on my case, Restore the bliss, which you remov'd so far. Valadares deos, Musas, adeos, oh quanto, quanto Eu de amor já fiz grato o sentimento, Que deixando-vos, Misas, descontente, SONNET. Adien, ye Nine! oh how much woe I prove To quit your service, and your charms forsake! How deep the wound, which distance far can make In those together join'd by so much love! Of love's delights I sang the pleasing lay, prey, Usurp their place, and fill my breast with pain. Happy the youth, whom your endearments bless! Content to live, nor feel the torments dire Which now so close and cruel round me press:- With such a host of ills have I to strive, That quitting you, I discontented live, And ne'er again shall tune to you my lyre̱ SONETO. Minha alma gentil, fazer ditosa Podes vir esta aldea descontente; Já sem ti lacrimando está sómente; Até quando amanhece os resplendores SIR, THE HE most severe reflection upon the doctrines of Calvinistic Methodism, is to be found in the description given of Cowper the Poet, by the Author of "The Beauties of England and Wales." "A considerable portion of the life of Cowper," says that writer," was passed under the pressure of the most extreme despair; his morbid sensibility having induced him to cherish the dreadful idea that he was forsaken by his Creator; though he had lived in the continual practice of all the virtues. His waking reflections and midnight slumbers were equally haunted by the dread of absolute reprobation; and even in the hour of death, his disordered understanding re fused to admit of comfort." This distress was probably owing to the mind of Cowper being too timid and ingenuous to arrogate to himself those signs and evidences of "Grace," which are supposed to constitute the character of "The Elect." The doctrine of Predestination may suit men of a sanguine and presumptuous temper; who will have no scruple in supposing themselves the peculiar objects of divine favour; but woe to the man, who, like the ami able Cowper, possesses a mind in which meckness, humility, and self-abasement, strongly predominate! Woburn. E. T. PILGRIM. Não mostra a rôxa aurora tao flamante; To the Editor of the Monthly Magazine. Tudo sao nesta ausencia dissabores; Ora vê que fara hum peito amante, Que, abrasado por ti, morte de amores, shop of Durham on the Relief and Regulation of the Poor," by Thomas Bernard. As the author has since been ennobled, he probably speaks the sense of persons connected with the government of the country. This gives importance to his sentiments. First, he complains that Mr. Whitbread did not consult, on the subject of his Poor-bill, the Society for bettering the Condition of the Poor, Why ought Mr. Whitbread to have Consulted that Society, or its Committee, or its Chairman? Its Reports are before the public, and have disappointed the public. They contain many pretty plans adapted to be realized by the contributions of idle wealth; but not a single dissertation illumined from the higher spheres of intellect and philosophy. The successive contributors to that agreeable little miscellaneous periodical work have deserved well of their country by the amiable character and purpose of all their communications; by arousing a benevolent industry; by the pious and religious spirit of their zeal; by a various and almost feminine assiduity of detail; and by the exemplary prudence of their instructions, teaching charity to cull in her cornucopia and distribute every arti. ele aright, and recording the self-observation of beneficence, in order to convert frugality into a substitute for generosity. But this good eleemosynary magazine, is not a source whence the statesman and the lawgiver is bound to draw. Let it circulate among our wives and daughters, if we can only afford they should be meanly kind. Let it prompt the quarterly committee of a house of industry with a few relevant questions; still let it be valued at its worth, and not climb from the parlour to the parliament. Mr. Bernard objects (p. 17) to assessing stock in trade to the poors rate. This can only serve to endear what the tradesman sells, and will be re-assessed with a profit on the poor and the parishioners. Mr. Bernard observes, (p. 23) that a plan for educating the poor is enough for a separate Bill; and that all the property of the endowed colleges, charity-schools, and free-schools in England ought to be enquired into, and made subservient for this purpose. Now it is this enormous proposed confiscation of free-school property, which appears to deserve some considerative pause. To whom would be given a patronage snatched from the rightful trustees Probably to the com mittees for managing those schools, men daciously called national, which receive only those children who consent to learn the Anglican catechism. Now, be it observed, that this catechism, though it may teach the religion of the church, does not teach the reiigion of the magistrate. It is a schisma tic catechism. The purpose of the state is to open preferment to both the branches of Protestantism, the Lutheran and the Zwinglian. It therefore chooses a test, which they can both concur in. The communion-service of the Anglican church is comprehensive, and keeps out of hearing the disputed phrases about the eucharist. But the catechism is exclusively Lutheran, and teaches transubstantiation; for consubstantiation includes transubstantiation. The consubstantiationist maintains that the sacramental elements are transubstantiated in the mouth of the faithful communicant, and not previously in the chalice of the priest. He who adheres to the doctrine of the Anglican catechism, is consequently incapable of a seat in the House of Commons. Rather than continue so illegiti mate a form of exclusion, it would be better to subject the children to taking the sacrament, and to adopt one uniform test in our schools, as in our corperations. One remedy seems to present itself, that of requesting the Bible Society to draw up a new Catechism, in which the answers, being couched in scriptural phrases, might be such as all sects of Christians could conspire to use. But a still simpler, and far more liberal plan would be, to tolerate indeed the tuition of the catechism in its best possible form, but not to render an attendance on that rite obligatory over the children. Freeschools would then first become free. The Dissenter, the Methodist, could be instructed in them. And the powerą which Dr. Bell could not have put in mo tion without his ecclesiastical zeal, would be wielded with the comprehensive be nevolence of the Lancasterian school. auctions which inconvenience, disgrace, and endanger so many of our large manufacturing towns. ter sessions. The magistrates, I under The commendable activity with which Inconveniences however arising from the subject has since been taken up by several large places, which have verified the annoyance of this catch-penny, begthe observations I then made, by their garly, show-like trade, disgraceful and actual experience, cannot fail to be highly degrading as it is, are but trifles, comgratifying to me. Though I cannot prepared with the more dangerous evils sume to imagine, that any remarks which I then made, can have produced these measures; yet I may congratulate myself on the confirmation of my opinions, and on the coincidence of feelings, and even language, which have been expressed. It is, however, to be regretted, that the petitions which have been forwarded on this subject, (with I believe the exception of one from the city of York) have been directed against what I conceive to be the less evil, mock auctions. Most of the dangers which apply to this practice, and even sonie of greater magnitude, are to be apprehended from the licensing of hawkers and pedlars; and possibly Hull, and other places, may have overlooked this evil, from the silent, though perhaps more dangerous operations of this description of persons. Ever since that invaluable work of our great political economist, the freedom of men to employ their industry and capital in the way most agreeable to them, seems to have been generally received as a well-grounded doctrine. This system, however, which according to the views of its author was so well adapted to maintain, and extend the advantages of productive labour (which may be called the philosopher's stone) has naturally its just and proper boundaries. If the im. provement of men's conditions, which is the great impellent of exertion, should prompt them to undertake either unjust, or unlawful enterprises, their attempts are to be restrained, and more firmly and actively, when found to operate to the injury of individuals. The nuisance of men bawling out, and not unfrequently by way of opposition, a door or two from each other, Auction! Auction! in most of the principal streets of large towns, has risen to such a height, as to become a serious annoyIn the town of Hull, where the market-place is but narrow, complaints of this inconvenient interruption, were by their customers so very common, that some respectable shop-keepers were under the necessity of laying complaints before their magistrates at the last quar ance. which result from it in a national point of view. The temptation to thefts: the opportunities it affords for selling stolen goods, as Mr. Waithman has fully proved: the particular fitness of hawkers and pedlars for this purpose, who carry their wares to a distance: the degradation of the heretofore respectable rational character in point of trade: the shameful impositions which, by the manner of both trades, they are able to practise and the general effects on the morals, manners, and character of the country, are considerations, which, in my view of the subject, entitle it to the serious aud specdy attention of the lords of the trea sury; or, if necessary to it, prevention by parliamentary interference. It gave me great pleasure to find that the meeting, held the 13th of April, on this subject, in London, was attended by some respectable auctioneers, who were ready to lend their assistance to stop these disgraceful nuisances, as well as by several eminent shop-keepers, amongst whom was Mr. Waithman, whose unwearied perseverance, indefatigable industry, and admirable talents, have been so often exerted in the interest of his fellow citizens. Indeed, the single experience of this gentleman, who has traced some hundreds of pieces of goods stolen from him to this description of auction-rooms, is of itself sufficient to prove the necessity of something being done. From this circumstance, together with the notoriety of the evils, and the prevailing opinions in large towns on the subject, I anticipate that, before very long, a most industrious and respectable class of tradesmen will be relieved from practices which bear so unfairly, so heavily upon them. The shew of attention which the trading interest of our country receives from your valuable publication, leads me to hope that you will give publicity to a second attempt to direct others to this important subject; and though I cannot expect that this consideration can have, R. II. much weight, it will oblige, Nottingham, June 2, 1813. Te To the Editor of the Monthly Magazine. however our penal laws ought never to SIR, W HATEVER be the confusion and uncertainty of the laws of Eng. land, it will, I doubt not, be generally felt, that their faults, such as they may be, have arisen rather from changes of manners and successions of different administrations, than from any wilful design of any particular judges or administrators. Whatever also may have been the imperfect views of judges, or however they may have erred occasionally in their views or interpretations, their motives, it is presumed, will seldom be liable to im peachment; for it may be observed, to their honour, that no instance has occurred, during many ages, of an English judge having been convicted of receiving a direct bribe. It must, on the other hand, be acknowledged, that in their decisions, Judges are sometimes inclined to support the preroga tives, ascendancy, and paramount influ. ence of law; and, in cases of uncertainty, many of them have been disposed rather to extend the force of a statute than to abridge it. This, however, is a venial error; but it is one against which the public and the legislature should always be vigilantly on their guard. These observations are suggested by the peculiar constructions of the statute relative to Forgery, which at this time merit particular notice. A statute against a crime, which, in its popular, and indeed its legitimate sense, means the counter feiting or imitating the hand-writing of another, has, by a juridical determination, been made to bear on offences which involve a much lower degree of punish. ment. Thus if a man endorse any names at random at the back of a bill, or if he draw a check on a banker in any name taken at random, such names not being the names of any existing person, and consequently not in any way known to the parties defrauded, such acts are said to be within the statute against forgery. As After these observations had been some days in the hands of the printer, a man was convicted at the Old Bailey, under the statute against FORGERY, for drawing a bill in the name of a non-entity, upon another person, who having at his instance accepted it, he then uttered it, and both becoming bankrupts in the interim, the holders prosecuted the utterer or fabricator for forgery! It is very remarkable in this case, that the foreman of the jury, after pronouncing the verdict of GUILTY, went on to say, that the jury recommended MONTHLY MAG. No. 244. operate as a snare on the unwary, but to be as clear as the sun at noon-day, let us dispassionately examine this juri dical construction. The Common Law of England, which recognizes as crimes, whatever unjustly affects the rights of others, duly pro vided for the punishment of cheats, frauds, and forgeries. The spread of knowledge, however, which happily followed the reformation, rendered some specific statule necessary; and hence, in the 33d of Henry VIII. a penal statute was passed, subjecting to ignominious pu nishments, and reparation of damage, all who committed frauds by means of FALSE TOKENS, or of COUNTERFEIT WRIT INGS in the name of another man; i. e. against those who defrauded others, either (1) by assuming a falsehood, or (2) those who effected the same purpose by counterfeiting the hand-writing of others. No distinction could be more just, and it seemed impossible to make a law, adapted to both crimes, in more une quivocal terms. By the 2d and 7th of George the second, in the period which immediately followed the age of bubbles, it became necessary to make the second part of Henry's statute, that against counterfeit writings, CAPITAL; and an act was passed, rendering it felony, without benefit of clergy, "to falsely make, forge or counterfeit any deed, bill, note, receipt, &c. &c. with an intention to defraud any other person; for assisting in falsely making, forging, OR counterfeiting, &c. &c. or for uttering, &c. with an inten◄ tion to defraud." The reader will not fail to observe in this place, two things: first, that the verbs falsely make, forge, OR counterfeit, are used synonymously; the two first being synonymous with the better understood and more definite sense of counterfeit; and second, that, the separate act of the mind, the intention to defraud, must be combined with the acts of counterfeiting, assisting, or uttering, in order to bring the crime within this |