nesses were examined in secret. But, were published in France, which apply secretum here signifies the closet of the equally to the whole kingdom. In the judge. Intrare secretum to express first, which refers to civil causes, the speaking in secret, would not be Latin. judges are forbidden to condemn in any This part of our jurisprudence was occa- suit, on default, when the demand is not sioned by a solecism. Witnesses were proved; but in the second, which reguusually persons of the lowest class, and lates criminal proceedings, it is not laid whom the judge, when closeted with down that, in the absence of proof, the them, might induce to say whatever he accused shall be acquitted. Singular wished. These witnesses are examined circumstance! The law pronounces, that a second time, always in secret, which is a man proceeded against for a sum of called re-examination; and if, after re-money shall not be condemned, on deexamination, they retract their depositions, or vary them in essential circumstances, they are punished as false witnesses. Thus, when an upright man of weak understanding, and unused to express his ideas, is conscious that he has stated either too much or too little, that he has misunderstood the judge, or that the judge has misunderstood him,and revokes, in the spirit of justice, what he had advanced through incaution, he is punished as a felon. He is in this manner often compelled to persevere in false testimony, from the actual dread of being treated as a false witness. The person accused exposes himself by flight to condemnation, whether the crime has been proved or not. Some jurisconsults, indeed, have wisely held, that the contumacious person ought not to be condemned, unless the crime were clearly established; but other lawyers have been of a contrary opinion: they have boldly affirmed that the flight of the accused was a proof of the crime; that the contempt which he shewed for justice, by refusing to appear, merited the same chastisement as would have followed his conviction. Thus, according to the sect of lawyers which the judge may have embraced, an innocent man may be acquitted or condemned. fault, unless the debt be proved; but, in cases affecting life, the profession are divided with respect to condemning a person for contumacy when the crime is not proved; and the law does not solve the difficulty. Example taken from the Condemnation of a whole Family. The following is an account of what happened to this unfortunate family, at the time when the mad fraternities of pretended penitents, in white robes and masks, had erected, in one of the principal churches of Toulouse, a superb monument to a young Protestant, who had destroyed himself, but who they pretended had been murdered by his father and mother, for having abjured the reformed religion; at the time, when the whole family of this Protestant, then revered as a martyr, were in irons, and a whole population, intoxicated by a superstition equally senseless and cruel, awaited, with devout impatience, the delight of seeing five or six persons of unblemished integrity expire on the rack or at the stake. At this dreadful period, there resided near Castres a respectable man, also of the Protestant religion, of the name of Sirven, who exercised in that province the profession of a feudist. This It is a great abuse in jurisprudence, man had three daughters. A woman who that people often assume as law the re-superintended the household of the Bishop veries and errors-sometimes cruel ones of Castres, proposed to bring to him Sir-of men destitute of all authority, whoven's second daughter, called Elizabeth, have laid down their own opinions as in order to make her a Catholic, apostolical and Roman. She is, in fact, brought. She is by him secluded with the female laws. In the reign of Louis XIV., two edicts jesuits, denominated the "lady teachers," Toulouse. A village doctor, equally enor the "black ladies." They instruct her lightened with the magistrate, boldly in what they know; they find her capa-affirmed, on inspecting the body after the city weak, and impose upon her penances expiration of eighteen days, that the in order to inculcate doctrines which, with young woman had been strangled, and gentleness, she might have been taught. afterwards thrown into the well. On this She becomes imbecile; the black ladies deposition, the magistrate issued a warexpel her; she returns to her parents; rant to apprehend the father, mother, and her mother, on making her change her the two daughters. The family, justly linen, perceives that her person is covered terrified at the catastrophe of Calas, and with contusions; her imbecility increases; agreeably to the advice of their friends, she becomes melancholy mad; she es- betook themselves instantly to flight; they capes one day from the house, while her travelled amidst snow during a rigorous father is some miles distant, publicly oc- winter, and, toiling over mountain after cupied in his business, at the seat of a mountain, at length arrived at those of neighbouring nobleman. In short, Switzerland. The daughter, who was twenty days after the flight of Elizabeth, married and pregnant, was prematurely some children find her drowned in a delivered amidst surrounding ice. well, on the fourth of January, 1761. This was precisely the time when theyceived, after reaching a place of safety, were preparing to break Calas on the was, that the father and mother were conwheel at Toulouse. The word "parri- { demned to be hanged; the two daughters cide," and what is worse, "Huguenot," to remain under the gallows during the flies from mouth to mouth throughout the execution of their mother, and to be reprovince. It was not doubted that Sir-conducted by the executioner out of the ven, his wife, and his two daughters, had drowned the third, on a principle of religion. It was the universal opinion, that the Protestant religion positively required fathers and mothers to destroy such of their children as might wish to become Catholics. This opinion had taken such deep root in the minds even of magistrates themselves, hurried on unfortunately by the public clamour, that the council and church of Geneva were obliged to contradict the fatal error, and to send to the parliament of Toulouse an attestation upon oath, that not only did Protestants not destroy their children, but that they were left masters of their whole property when they quitted their sect for another. It is known that, notwithstanding this attestation, Calas was broken on the wheel. A country magistrate of the name of Londes, assisted by graduates as sagacious as himself, became eager to make every preparation for following up the example which had been furnished at The first intelligence this family re territory, under pain of being hanged if they returned. Such is the lesson given to contumacy! This judgment was equally absurd and abominable. If the father, in concert with his wife, had strangled his daughter, he ought to have been broken on the wheel, like Calas, and the mother to have been burnt, (at least, after having been strangled,) because the practice of break{ing women on the wheel is not yet the custom in the country of this judge. To limit the punishment to hanging in such a case, was an acknowledgment that the crime was not proved, and that in the doubt the halter was adopted to compromise, for want of evidence. This sentence was equally repugnant to law and reason. The mother died of a broken heart, and the whole family, their property having been confiscated, would have perished through want, unless they had met with assistance. We stop here, to enquire whether there be any law and any reason that can justify such a sentence? We ask the judge, "What madness has urged you to con- {wards made his fanaticism instrumental demn a father and a mother?" "It was to his greatness. An ardent novice at because they fled," he replies. "Miser- twenty often becomes an accomplished able wretch! would you have had them rogue at forty. In the great game of huremain to glut your insensate fury? Of man life, men begin with being dupes, what consequence could it be, whether and end in becoming knaves. A statesthey appeared in chains to plead before man engages as his almoner a monk, enyou, or whether in a distant land they {tirely made up of the details of his conlifted up their hands in appeal to heaven vent-devout, credulous, awkward, peragainst you? Could you not see the fectly new to the world: he acquires intruth, which ought to have struck you, as formation, polish, finesse, and supplants well during their absence? Could you his master. not see, that the father was a league dis- Cromwell knew not, at first, whether tant from his daughter, in the midst of he should become a churchman or a twenty persons, when the unfortunate soldier. He partly became both. In young woman withdrew from her mo- 1622, he made a campaign in the army ther's protection? Could you be igno- of the Prince of Orange, Frederick Henry, rant, that the whole family were in search a great man and the brother of two great of her for twenty days and nights?" To men; and, on his return to England, enthis you answer by the words, Contu- gaged in the service of Bishop Williams, macy, contumacy. What! because aand was the chaplain of his lordship, man is absent, therefore must he be con- while the bishop passed for his wife's demned to be hanged, though his inno-gallant. His principles were puritanical, cence be manifest? It is the jurispru- {which led him cordially to hate a bishop, dence of a fool and a monster. And the and not to be partial to kingship. He life, the property, and the honour of citi-was dismissed from the family of Bishop zens, are to depend upon this code of Iroquois ! Williams, because he was a Puritan; and thence the origin of his fortune. The The Sirven family for more than eight English parliament declared against moyears dragged on their misfortunes, far narchy and against episcopacy: some from their native country. At length, friends whom he had in that parliament the sanguinary superstition which dis- procured him a country living. He might graced Languedoc having been somewhat be said only now to have commenced his mitigated, and men's minds becoming existence; he was more than forty before more enlightened, those who had be- he acquired any distinction. He was friended the Sirvens during their exile, master of the sacred scriptures, disputed advised them to return and demand jus-on the authority of priests and deacons, tice from the parliament of Toulouse it-wrote some bad sermons, and some lamself, now that the blood of Calas no longer smoked, and many repented of having ever shed it. The Sirvens were justified. Erudimini, qui judicatis terram. poons; but he was unknown. I have seen one of his sermons, which is insipid enough, and pretty much resembles the holdings forth of the Quakers; it is impossible to discover in it any trace of that power by which he afterwards swayed parliaments. The truth is, he was better fitted for the state than for the church. It was principally in his tone and in his CROMWELL is described as a man who air that his eloquence consisted. An inwas an impostor all his life. I can clination of that hand which had gained scarcely believe it. I conceive, that he so many battles, and killed so many was first an enthusiast, and that he after-royalists, was more persuasive than the CROMWELL. SECTION I. periods of Cicero. It must be acknowledged, that it was his incomparable valour which brought him into notice, and which conducted him gradually to the summit of greatness. of but Babylon destroyed, building up the worship of Jerusalem, and breaking the image. Cromwell, among so many madmen, was no longer one himself, and thought it better to govern than to be governed by them. The habit of preaching, as by inspiration, remained with him. Figure to yourself a fakir, who, after putting an iron girdle round his loins in penance, takes it off to drub the ears of other fakirs. Such was Cromwell. He becomes as intriguing as he was intrepid. He associates with all the colonels of the army, and thus forms among the troops a republic which forces the commander to He commenced by throwing himself, as a volunteer and a soldier of fortune, into the town of Hull, besieged by the king. He there performed some brilliant and valuable services, for which he received a gratuity of about six thousand francs from the parliament. This present, bestowed by parliament upon an adventurer, made it clear that the rebel party must prevail. The king could not give to his general officers what the par-resign. Another commander is appointed, liament gave to volunteers. With money and him he disgusts. He governs the and fanaticism, everything must in the army, and through it he governs the parend be mastered. Cromwell was made {liament; which he at last compels to colonel. His great talents for war be- make him commander. All this is came then so conspicuous, that, when much; but the essential point is, that he the parliament created the Earl of Man-wins all the battles he fights in England, chester general of its forces, Cromwell Scotland, and Ireland; and wins them, was appointed lieutenant-general, with- not consulting his own security while the out his having passed through the inter-fight rages, but always charging the enevening ranks. Never did any man ap- { my, rallying his troops, presenting himpear more worthy of command. Never self everywhere frequently wounded, were seen more activity and skill, more { killing with his own hand many royalist daring and more resources, than in Crom- officers, like the fiercest soldier in the well. He is wounded at the battle of ranks. York and, while undergoing the first In the midst of this dreadful war, dressing, is informed that his commander, Cromwell made love: he went, with the the Earl of Manchester, is retreating, and Bible under his arm, to an assignation the battle lost. He hastens to find the with the wife of his major-general, Lamearl; discovers him flying, with some bert. She loved the Earl of Holland, officers; arrests him by the arm, and, in who served in the king's army. Croma firm and dignified tone, he exclaims, well took him prisoner in battle, and had "My lord, you mistake; the enemy have the pleasure of bringing his rival to the not taken that road." He re-conducts block. It was his maxim to shed the him to the field of battle; rallies, during blood of every important enemy, in the the night, more than twelve thousand field or by the hand of the executioner. men; harangues them in the name of He always increased his power by always God; cites Moses, Gideon, and Joshua; daring to abuse it; the profoundness of renews the battle, at day-break, against his plans never lessened his ferocious imthe victorious royalist army, and com- petuosity. He went to the House of pletely defeats it. Such a man must Commons, and drove all the members either perish or obtain the mastery. Al-out, one after another, making them demost all the officers of his army were en- file before him. As they passed, each thusiasts, who carried the New Testa- was obliged to make a profound reverment on their saddle-bows. In the army, ence: one of them was passing on with as in the parliament, nothing was spoken his head covered; Cromwell seized his whose opinion depends upon a name. He had conceived a profound contempt for the religion to which he owed his success. An anecdote, preserved in the St. John family, sufficiently proves the slight regard he attached to that instrument which had produced such mighty effects in his hands. He was drinking once in company with Ireton, Fleetwood, and St. John, great grandfather of the celebrated Lord Bolingbroke; a bottle of wine was to be uncorked, and the corkscrew fell under the table; they all looked for it, and were unable to find it. In the mean The spirit of the whole six verses may time, a deputation from the Presbyterian be given thus : Les armes à la main j'ai defendu les lois; D'un peuple audacieux j'ai vengé la quarrelle. churches waited in the anti-chamber, and an usher announced them. "Tell them," said Cromwell, "that I have retired, and that I am seeking the Lord." This was the expression employed by the fanatics for going to prayers. Having dismissed the troop of divines, he thus addressed we are seeking the Lord, while we are his companions:-"Those fellows think only seeking a corkscrew." This queen was the first to acknowledge him, after he became protector of the three kingdoms. Almost all the sovereigns of Europe sent ambassadors to their brother rope of a man who, from so low a beginThere is scarcely any example in EuCromwell-to that domestic of a bishop, {ning, raised himself to such eminence. who had just brought to the scaffold a But with all his great talents, what did he sovereign related to them. They emu- consider absolutely essential to his haplously courted his alliance. Cardinal piness?-Power he obtained; but was Mazarine, in order to please him, ban- he happy? He had lived in poverty and ished from France the two sons of Charles disquiet till the age of forty-three; he I., the two grandsons of Henry IV., and afterwards plunged into blood, passed his the two cousins-german of Louis XIV. life in trouble, and died prematurely, at France conquered Dunkirk for him, and the age of fifty-seven. With this life let the keys of it were delivered into his pos- any one compare that of a Newton, who session. After his death, Louis XIV. lived fourscore years, always tranquil, and his whole court went into mourning, always honoured, always the light of all except mademoiselle, who dared to appear {thinking beings; beholding every day an in the circle in colours, and alone to main-accession to his fame, his character, his tain the honour of her race. and remorse; and let him decide whose fortune; completely free both from care was the happier lot. No king was ever more absolute than Cromwell. He would observe, "that he had preferred governing under the name of protector rather than under that of king, because the English were aware of the limits of the prerogative of a king of England, but knew not the extent of that { O curas hominum! O quantum est in rebus inane | SECTION II. Oliver Cromwell was regarded with ad of a protector." This was knowing man-miration by the Puritans and Independkind, who are governed by opinion, audents of England: he is still their hero. |