Page images


never merited; who was a very bad man, to summe up all in that word, yet an instrument of service to the parliament in those parts. 'I thought it necessary to insert this little account of him here, because there will be often occasion to mention him in my following discourse; and because, although there never was any personall acquaintance betweene him and Mr. Hutchinson, yet that naturall antipathie which is betweene good and evil, render'd him a very bad neighbour to Mr. Hutchinson's garrison, and one that, under the name of a friend and assistant, spoyl'd our country, as much as our enemies. He indeed gave his men leave to commit all insolencies, without any restreint, whereas Mr. Hutchinson took up arms to defend the country as much as possible from being a prey to rude soldiers, and did often times preserve it both from his and other rude troopes, which stirr'd up in him envie, hate, and illwill against his neighbour. He was not wise in ordering the scouts and spies he kept out, and so had the worst intelligence in the world. Mr. Hutchinson, on the other side, employ'd ingenuous persons, and was better inform'd of the true state of things, and so, oftentimes communicated those informations to the chief commanders, which convinc'd the falsehood of his; and that was another cause of envie. Some that knew him well, sayd he was not valliant, though his men once held him up, among a stand of pikes, while they obtein'd a glorious victory, when the Earle of Northampton was slaine: certaine it is he was never by his good will in a fight, but either by chance or necessity; and that which made his courage the more question'd was, the care he coke, and the expence he was att, to get it weekely mention'd in the diurnalls, so that when they had nothing elce to renoune him for, they once put in, that the troopes of that valliant commander, Sr. John Gell, tooke a dragoon with a plush doublett. Mr. Hutchinson on the other side, that did well for vertue's sake, and not for the vaine glory of it, never would give aniething, to buy the flatteries of those scriblers, and when one of them had once, while he was in towne, made mention of something done at Nottingham, with falsehood, and given Gell the glory of an action wherein he was not concern'd, Mr. Hutchinson rebuk'd him for it, whereupon the man begg'd his pardon, and told him he would write as much for him, the next weeke; but Mr. Hutchinson told him he scorn'd his mercenary pen, only warn'd him not to dare to lie in any of his concernments, whereupon the fellow was awed, and he had no more abuse of that kind.' pp. 105-108.

Mrs. Hutchinson succeeds particularly well in sketches of character: the reader will accept three highly finished miniatures of Col. Hutchinson's most cordial friends.

There was then dwelling at Nottingham a third sonne of the Earle of Kingston's, a man of good naturall parts, but not of education according to his quallity, who was in the maine well affected to honest men, and to righteous liberty; a man of a very excellent good nature, and full of love to all men; but that his goodnesse receiv'd a little allay by a vaine, glorious pride, which could not well brooke any other should outstrip him in virtue and estimation. Mr. Francis Thornhagh, the eldest sonne of Sr. Francis Thornhagh, was a man of a most upright, faithfull heart to




God and God's people, and to his countrie's true interest, comprehended in the parliament's cause; a man of greater vallour or more noble daring fought not for them; nor indeed ever drew sword in any cause; he was of a most excellent good nature to all men, and zealous for his friend; he wanted councell and deliberation, and was sometimes too facile to flatterers, but had iudgement enough to discerne his errors when they were represented to him, and worth enough not to persist in an iniuriousTM mistake, because he had once entertained it. Mr. Pigott was a very religious, serious, wise gentleman, true-hearted to God and his country, of a generous and liberal nature, and that thought nothing too deare to expose, nor too difficult to undertake, for his friend: one that delighted not in the ruin of his neighbours, but could endure it, rather than the destruction of religion, law, and liberty; one that wanted not courage, yet chose rather to venture himselfe as a single person than a leader in arms, and to serve his country in councell than in action; there was no man in his nature, and his whole deportment, shew'd himselfe more a gentleman than he.' pp. 114. 115.

Mrs. Hutchinson concludes some judicious observations on the affectations of sobriety which prevailed among the puritans, by remarking on the word roundhead,

It was very ill applied to Mr. Hutchinson, who having naturally a very fine thick sett head of haire, kept it cleane and handsome, so that it was a greate ornament to him, allthough the godly of those dayes, when he embraced their party, would not allow him to be religious because his hayre was not in their cutt, nor his words in their phraze, nor such little formalities altogether fitted to their humor, who were, many of them, so weake as to esteeme rather for such insignificant circumstances, than for solid wisdom, piety, and courage, which brought reall ayd and honour to their party; but as Mr. Hutchinson chose not them, but the God they serv'd, and the truth and righteousnesse they defended, so did not their weaknesses, censures, ingratitude, and discouraging behaviour, with which he was abundantly exercis'd all his life, make him forsake them in any thing wherein they adher'd to iust and honorable principles or practizes.'

P. 99.

These righteous souls were sadly grieved at the tenderness, among other heterodox practises, which this true patriot and Christian manifested toward the sick and wounded prisoners of the royal party.

We conclude with one more anecdote of Colonel Hutchinson. Having been offered the government of four towns, he accepted that of Hull, supposing it was actually vacant. Soon after,

• Cromwell desir'd him to meete one afternoon att a committee, where, when he came, a mallicious accusation against the governor of Hull was violently prosecuted by a fierce faction in that toune. To this the governor had sent up a very faire and honest defence, yet most of the committee more favouring the adverse faction, were labouring to cast out the governor.

[ocr errors]
[ocr errors]

Col. Hutchinson, though he knew him not, was very earnest in his defence, whereupon Cromwell drew him aside, and askt him what he meant to contend so, to keepe in that governor? (it was Overton). The Collonell told him, because he saw nothing proov'd against him worthy of being eiected. "But," said Cromwell, we like him not." Then say'd the Collonell, "Doe it upon that account, and blemish not a man that is innocent, upon false accusations, because you like him not." "But," sayd Cromwell, "wee would have him out, because the government is design'd for you, and except you put him out, you cannot have the place." At this the Collonell was very angrie, and with greate indignation told him, if there was no way to bring him into their army, but by casting out others uniustly, he would rather fall naked before his enemies, than so seeke to put himselfe into a posture of defence. Then returning to the table, he so eagerly undertooke the iniured governor's protection, that he foyl'd his enemies, and the governor was confirm'd in his place. This so displeas'd Cromwell, that, as before, so much the more now, he saw that even his owne interest would not byasse him into any uniust faction, he secretly laboured to frustrate the attempts of all others who, for the same reason that Cromwell labour'd to keepe him out, labour'd as much to bring him in.' pp. 308. 309.

In the name of our readers and the literary world, we express our thanks to Mr. Hutchinson for the publication of these interesting papers; a more substantial reward he will doubt. less obtain in a very extensive circulation of the volume, which will gratify all, whatever be their sentiments on points of politics or theology, who delight in the contemplation of human character, and are sensible to the charms of intellectual and moral excellence.

The work is beautifully printed by Bensley, and is very suitably decorated with two fine engravings of the hero and heroine, from original pictures, a view of Nottingham in aqua tinta by Medland, and fac similia of the Colonel's hand writing, and of a plan of the Castle, drawn in 1617.

Art. IV. Principles and Practice of Naval and Military Courts Martial, with an Appendix, illustrative of the Subject; By John M'Arthur, Esq. late Secrerary to Admiral Lord Viscount Hood, &c. officiating Judge Advocate at various Naval Courts Martial, during the American War, and Author of "Financial and Political Facts of the Eighteenth and present Century."-Second edition on an intire new plan, with considerable improvements. 2 vols. 8vo. pp. 1000. Price 11. 1s. Butterworth. 1805.

A COMPLETE and well digested treatise on Naval and Military Courts Martial must evidently be of essential utility to all, whose rank in either service renders them liable

[ocr errors]

to incur its judicial duties. Several treatises had already appeared on Military Courts Martial, before the author of the present work, nearly seven years ago, favoured the public with a treatise on the Naval branch of the subject. The favourable manner in which this was received, and the suggestions of many military gentlemen of high rank," induced him to extend his researches to the principles and practice of courts martial in both departments of the King's service; and we think it just to say, that he has been diligently and successfully employed. He has drawn his materials principally from the statutes made since the Restoration for the regulation of the Navy, particularly St. 22 G. II. c. 23., which reduces into one Act of Parliament all the laws then in existence, relating to the Government of his Majesty's ships, vessels, and forces by sea, the subsequent acts passed on the same subject, the Mutiny Act of the year 1804, the Articles of War, and the printed instructions and regulations for the army and navy, decided cases and opinions of eminent counsel, and long established and recognized usage. He has also had recourse to the best writers on common law, and the practice of civil, as well as criminal courts of judicature, for the purpose of illustrating and confirming the principles he advances.

Under the different heads into which the author has distributed his subject, he treats on the authority by which Courts Martial are constituted, the fundamental laws by which they are governed, their different kinds, the analogy they bear to each other, with the shades of difference between them, the persons of whom they are composed, the persons and offences subject to their jurisdiction, the manner in which they are assembled, and their modes of procedure in all the different stages; on Naval and Military Courts of Inquiry, and on the duties of a Naval or Military Judge Advocate, or Deputy, and those of a Provost Martial. The author has certainly done justice to every branch of his subject, but he has not sufficiently adhered to the rules of arrangement and methodical composition. In the chapter in which he professes to treat of the fundamental law's by which Naval and Military Courts Martial are governed, after a very few observations on his immediate subject, he glides into a discussion on the nature of the several offences subject to their jurisdiction; on which, however, he makes the following judicious observation.

Hence, on a superficial view of the Mutiny Act, and Military articles of War, it would appear that no crime is punishable by a Military Court Martial in any other way, than in that which these articles specially direct. But his Majesty having besides, the power at all times to make and issue

[ocr errors]

regulations for the army, gives a more extensive authority to Military Courts Martial than is apparent on a first consideration of the limitations and literal import of the mutiny act and articles of war. The printed regulations, therefore, which are from time to time issued by his Majesty, and promulgated in the army the same as the standing general printed. instructions in the Navy, have the effect to embrace all inferior offences, and to which a Court Martial may inflict corresponding punishments, independent of the major ones of life and limb.'

After some other observations, he proceeds:

It may not be improper, in this place, to take a cursory view of the different offences specified in the Naval and Military articles of war, together with the punishments annexed to each; and at the same time to examine the analogy they bear to the criminal laws of the land denomi nated "the doctrine of the Pleas of the Crown;" in order that members of Courts Martial, being thus furnished with the principles and grounds of decision in the Courts of Law, may the better be enabled to judge of the comparative punishment proper to be inflicted for offences committed, particularly when the matter is left discretionary to the court, and in the prosecution of this task we shall endeavour to point out all ambiguous constructions that may be put upon any of the articles.'

The manner in which he performs this task merits approbation; the objection we make is to the place where the discussion is introduced; and the work is liable to many similar exceptions.

In a chapter on the rules and doctrine of evidence, Mr. M'A. shews himself intimately acquainted with this most material branch of Jurisprudence, and applies to trials by Courts Martial, with much acuteness and precision, what he has judiciously extracted from the writers on common law. We think the whole of the first chapter," on laws in general," and the greater part of the second, concerning the origin of Courts Martial, might have been spared without injury to his work to the first we might apply the censure which has often been passed on the prefaces of Sallustit might with equal propriety be prefixed to any treatise on any other branch of law; and of the second, we must observe, that he has written with little satisfaction to himself, or to his reader.


Through the whole of the work we are pleased to discover an acuteness of disquisition, and a liberal and temperate regard to the true principles of our free constitution. We select the following passages.

It is a subject of regret, that courts martial are frequently assembled for trivial offences, and the charges sometimes unsupported by proof, and, being thereby rendered too familiar to the minds of officers and seamen, they lose that solemnity and efficacy intended by the legislature. In thi

« PreviousContinue »