BROWN. On the spirit of humanity of the English nation. LET us now trace the spirit of liberty through such of its effects, as are not yet destroyed by opposite principles and manners. The first that occurs is humanity. By this, is not meant the smoothness and refined polish of external manners, by which the present age affects to be distinguished: for this, it is apprehended, will belong to another class. By humanity, therefore, is meant "that pity for distresss, that moderation in limiting punishments "by their proper ends and measures, by which this nation hath always been distinguished. 46 The lenity of our laws in capital cases; our compassion for convicted criminals; even the general humanity of our highwaymen and robbers, compared with those of other countries; these are concurrent proofs that the spirit of humanity is natural to our nation. The many noble foundations for the relief of the miserable and the friendless; the large annual supplies from voluntary charities to these foundations; the frequent and generous assistance given to the unfortunate, who cannot be admitted into these foundations; all these are such indisputable proofs of a national humanity, as it were the highest injustice not to acknowledge and applaud This remark is not to be limited to the middle ranks, like that upon the spirit of liberty. For to do justice to the higher ranks of this kingdom, it may be maintained, that, in point of humanity, they have not their equals upon earth. It may seem improbable, or perhaps incredible, that such a spirit of humanity should remain in those ranks among whom the spirit of liberty is weakened or extinct. Yet the fact is indisputable. I could point out a certain transaction, which passed last year in two great assemblies, in regard to a marriage settlement, which, if examined to the bottom, would be an incontestible proof of what is here advanced: in which, for the sake of making two individuals happy, a step was taken, at which our more rigorous forefathers would have started, as subversive of all law, policy, and freedom. But I forbear. However, thus much in general may be affirmed without offence, that humanity neither improved nor controuled, is always defective and partial; and may be very dangerous in its effects. When once the leading measures of a kingdom are drawn from a regard to individuals, rather than the public state, it is certain that "the pillars of that state are shaken." Let us now consider, whence this spirit of humanity may arise, and how it comes to be continued among a people of such a complexion. One cause seems to be the excellence of our religion, which although thrown off and despised by the fashionable world in their maturity of age; yet having tinctured the infant mind, leaves it's salutary effects behind it, in spite of every acquired ill habit. That the mode of Christianity established in this kingdom is at least inferior to none, seems evident from this one circumstance, that "every other religious sect esteems and loves it "next to their own." The lenity of our laws is another preservative of the national humanity. Indeed they are drawn in great part from the same pure fountain of truth with our religion; and therefore may well be expected, in great part, to produce the same happy effect. The spirit of liberty is, but that of humanity is not natural to our nation. The proof lies in the history of the country; which tells us, that in ancient times, before Christianity came among us, though the spirit of liberty was strong, yet the ruling character of the nation was barbarous and inhuman. This may serve as an additional proof, that our present humanity ariseth from the causes assigned. Estimate of the Manners and Principles of the Times. HOWARD ON PRISONS. SCOTLAND. p. 195. The oath, and the form PERJURY is not frequent in Scotland. of administering it, are very solemn. his right hand, repeats the following words after the judge:By God himself, and as you shall answer to God at the great day of judgment, you shall declare the truth, and nothing but the truth, in so far as you know, or shall be asked at you."-The depositions are read over by the clerk, and signed by the witnesses and the judge. It is enacted by the 20th of Geo. II. that "the circuit-courts shall be regularly held twice in every year, within that part of Great Britain, called Scotland, and the judges thereof shall continue by the space of six days at least, at each town or place where the circuit-courts shall be held, for the dispatch of business." There are in Scotland but few prisoners; this is partly owing to the shame and disgrace annexed to imprisonment; partly to the solemn manner in which oaths are administered, and trials and executions conducted; and partly to the general sobriety of manners produced by the care which parents and ministers take to instruct the rising generation. I am indebted to Andrew Crosbie, Esquire, for an account, from the clerk of the justiciary, of the executions from January 1768, to May 1782, which shall be inserted in a table at the end of the book; from which it will appear, that, in thirteen years and a half, there have been only fifty-four executed, and twenty-two pardoned. INTRODUCTION TO HUME'S COMMENTARIES ON THE LAW OF SCOTLAND. p. 42. THAT the law of England respecting crimes is a liberal and enlightened system, (having gradually ripened, by the experience of ages, among a people who well understand the nature of a rational and moderate freedom); and that as such,--as a body of written wisdom,-it is entitled to deference, and may with propriety be quoted in those matters which our own customs or statutes have not settled:-All this, what reasonable person will dispute? Farther, I will readily admit, that in many things our practice has not yet attained to the same maturity and consistency * It is provided by statute in the sixth session of King William's first parlia ment, 1696, chap. 26. "That there be a school settled and established, and a schoolmaster appointed in every parish," in Scotland; and the presbytery has the superintendance of the execution of this act, which has been carefully attended to. Many schools are also settled by donations and legacies, and by the Society for propagating Christian Knowledge; so that no parish is without a school, and in some there are four or five. In the southern parts of Scotland it is very rare that you meet with any person that cannot both read and write. It is scandalous for any person not to be possessed of a Bible, which is always read in the parochial schools. as our sister kingdom: that offences are not reduced, throughout, in their description and several divisions, to the same orderly and systematic shape; and that we have still to settle many points of our form of process, which have long ceased to be the subject of controversy in the English courts. But of all this, how true soever, I have only to observe, that how should we expect to find the case otherwise, in comparing our law with that of a country, where, from the much greater number of dissolute and profligate people, and from the greater progress of every refinement, and of every sort of corruption, crimes are both more frequent, and far more various in their nature, than among ourselves; so that through the greater number of trials, and the repeated application to every sort of offence, their law forms a more complete system, and extends its rules, drawn from actual decisions, to a greater number of questions. But will it therefore be said, that, purely by way of fixing things, it would be right to extend the whole of this enormous code to Scotland, where the same evils are not yet known, and the same questions have not yet occurred? Or, on the other hand, is it to be conceived, that there would be good sense or propriety in adopting this or t'other article of the English practice, without regard had to its suitableness or analogy, either to our general system, or to the circumstances of the department of practice on which it is to be engrafted? Surely it is a short-sighted and narrow wisdom which thus takes up the several points of practice separately and by themselves; when nothing is more certain, than that every one part has more or less relation to another; and that many things, which, considered singly, may seem to be too rigorous, or too indulgent, are, however, when examined as parts of one whole, found to be neither way excessive, but altogether suitable and proper; being coupled to other provisions of an opposite tendency, which serve to counteract them, and to hinder the evil that might otherwise ensue. Now, if this be true of the different parts of any one system of law, it ought to teach us the greatest diffidence and caution in comparing the laws of different countries, even when both are fully known to us; and much |