for him, the young dauphin, eighteen years of age, becomes heated at a game of tennis, in the small city of Tournon. When in high perspiration he drinks iced water, and in the course of five days dies of the pleurisy. The whole court and all France exclaim that the Emperor Charles V. had procured the dauphin of France to be poisoned. This accusation, equally horrible and absurd, has been repeated from time to time down to the present. Malherbe, in one of his odes, speaks of Francis, whom Castile, unequal to cope in arms, bereaved of

his son.

We will not stop to examine whether the emperor was unequal to the arms of Francis I. because he left Provence after having completely sacked it, nor whether to poison a dauphin is to steal him; but these bad lines decidedly show that the poisoning of the dauphin Francis by Charles V. was received throughout France as an indisputable truth.

ken arsenic. Had the prince done so, hi must have felt intolerable pains abou his throat, the water would have bee coloured, and the case would not hav been treated as one of pleurisy. T surgeons were ignorant pretenders, wh said just what they were desired to say a fact which happens every day.

What interest could this officer hav in destroying his master? Who w more likely to advance his fortune?

But, it is said, it was intended also i poison the king. Here is a new difficult and a new improbability.

Who was to compensate him for th double crime? Charles V., it is reple another improbability equally strong Why begin with a youth only eighte years and a half old, and who, moreove had two brothers? How was the ka to be got at? Montecuculi did not at his table.

Charles V. had nothing to gain taking away the life of the young da phin, who had never drawn a sword, s who certainly would have had power

Daniel does not exculpate the emperor. Henault, in his Chronological Summary, says: Francis, the dauphin, poi-avengers. It would have been a cr

soned."

It is thus that all writers copy from one another. At length the author of the History of Francis I. ventures, like myself, to investigate the fact.

at once base and useless. He did a fear the father, we are to believe, th bravest knight of the French court; y he was afraid of the son, who la scarcely reached beyond the age childhood!

It is certain that Count Montecuculi, who was in the service of the dauphin, But, we are informed, this Mote was condemned by certain commissioners cuculi, on occasion of a journey to Fer to be quartered, as guilty of having poi-rara, his own country, was presented soned that prince. the emperor, and that that monarch aske Historians say that this Montecuculihim numerous questions relating to was his cup-bearer. The dauphins have magnificence of the king's table and no such officer: but I will admit that economy of his household. This c they had. How could that gentleman,tainly is decisive evidence that the Itala just at the instant, have mixed up poison was engaged by Charles V. to poison th in a glass of fresh water? Did he al- royal family! ways carry poison in his pocket, ready Oh! but it was not the emperor hi whenever his master might call for drink? self who urged him to commit this cam He was not the only person present withhe was impelled to it by Anthony the dauphin, who was, it appears, wiped Leyva and the Marquis de Gonz and rubbed dry by some of his attend-Yes, truly, Anthony de Leyva, egal unts after the game of tennis was finished. years of age, and one of the most v The surgeons who opened the body de-tuous knights in Europe! and this non clared, it is said, that the prince had ta- veteran, moreover, was indiscreet enoug

to propose executing this scheme of poisoning in conjunction with a prince of Gonzaga. Others mention the Marquis del Vasto, whom we call du Guast. Contemptible impostors! Be at least agreed among yourselves. You say that Montecuculi confessed the fact before his judges. Have you seen the original documents connected with the trial?

You state that the unfortunate man was a chemist. These then are your only proofs, your only reasons, for subjecting him to the most dreadful of executions: he was an Italian, he was a chemist, and Charles V. was hated. His glory then provoked indeed a base revenge. Good God! Your court orders a man of rank to be cut into quarters upon bare suspicion, in the vain hope of disgracing that powerful emperor.

was committed by order of the Duke of
Orleans his brother, at the instigation of
his wife Catherine de Medicis, who was
ambitious of being a queen, which, in
fact, she eventually was.
It is well re-
marked by a certain author, that the
dreadful death of the Duke of Orleans,
afterwards Henry II. was the punish-
ment of heaven upon him for poisoning
his brother (at least, if he really did poi-
son him); a practice too common among
princes, by which they free themselves at
little cost from stumbling-blocks in their
career, but frequently and manifestly
punished by God.'

Signor de Vera, we instantly perceive, is not an absolute Tacitus; besides, he takes Montecuculi, or Montecuculo, as he calls him, for a Frenchman. He says the dauphin died at Paris, whereas it Some time afterwards your suspi- was at Tournon. He speaks of decided cions, always light and volatile, charge indications of poison upon public ruthis poisoning upon Catherine de Me-mour; but it is clear that he attributes dicis, wife of Henry II. then dauphin the accusation of Catherine de Medicis and subsequently King of France. You only to the French. say that, in order to reign, she destroyed by poison the first dauphin, who stood between her husband and the throne. Miserable impostors ! Once again, I say, be consistent! Catherine de Medicis was at that time only seventeen years of age.gical catastrophes. If we go back from It has been said that Charles V. himself imputed this murder to Catherine, and the historian Pera is quoted to prove it. This, however, is an error. These are the historian's words:-

This charge is equally unjust and extravagant with that against Montecuculi. In fact, this volatile temperament, so characteristic of the French, has in every period of our history led to the most tra

the iniquitious execution of Montecuculi to that of the knights templars, we shall see a series of the most atrocious punishments, founded upon the most frivolous presumptions. Rivers of blood have flowed in France in consequence of the thoughtless character and precipitate judgment of the French people.

"This year the dauphin of France died at Paris with decided indications of poison. His friends ascribed it to the orders of the Marquis del Vasto and An- We may just notice the wretched pleathony de Leyva, which led to the execu-sure that some men, and particularly tion of the Count Montecuculo, who was those of weak minds, secretly enjoy in in habits of correspondence with them: talking or writing of public executions, base and absurd suspicion of men so like that they derive from the subject of highly honourable, as by destroying the miracles and sorceries. In Calmet's dauphin little or nothing could be gained. Dictionary of the Bible you may find a He was not yet known by his valour any number of fine engravings of the punishmore than his brothers, who were next ments in use among the Hebrews. These in the succession to him. prints are absolutety sufficient to strike every person of feeling with horror. We will take this opportunity to observe,

"To one presumption succeeded another. It was pretended that this murder

that neither the Jews nor any other people ever thought of fixing persons to the cross by nails; and that there is not even a single instance of it. It is the fiction of some painter, built upon an opinion completely erroneous.

SECTION III.

Ye sages who are scattered over the world (for some sages there are) join the philosophic Beccaria, and proclaim with all your strength that punishments ought to be proportioned to crimes :

That after shooting through the head a young man of the age of twenty, who has spent six months with his father and mother or his mistress, instead of rejoin-{ ing his regiment, he can no longer be of any service to his country:

that she could not have been the mother } of that child, as she was at the present time pregnant. She was ordered to be visited by a certain number of what are called (perfectly mal-a-propos in the present instance) wise women-by a commission of matrons. These poor imbecile creatures declared her not to be with child, and that the appearance of pregnancy was occasioned by improper retention. The unfortunate woman was threatened with the torture; her mind became alarmed and terrified; she confessed that she had killed her supposed child; she was capitally convicted; and during the actual passing of her sentence was seized with the pains of child-birth. Her judges were taught by this most impressive case not lightly to pass sentences of death.

With respect to the numberless executions which weak fanatics have inflicted upon other fanatics equally weak, I will say nothing more about them; although it is impossible to say too much.

That if you hang on the public gallows the servant girl who stole a dozen napkins from her mistress, she will be unable to add to the number of your citizens a dozen children, whom you may be considered as strangling in embryo with their parent; that there is no proportion between a dozen napkins and human life; There are scarcely any highway roband, finally, that you really encourage beries committed in Italy without assasdomestic theft, because no master will be sinations, because the punishment of so cruel as to get his coachman hanged death is equally awarded to both crimes. for stealing a few of his oats; but every It cannot be doubted that M. de Becmaster would prosecute to obtain the in-caria, in his Treatise on Crimes and Pufliction of a punishment which should be nishments has noticed this very important simply proportioned to the offence: fact.

{

That all judges and legislators are guilty of the death of all the children { which unfortunate seduced woman desert, expose, or even strangle, from a similar weakness in that which gave them birth. On this subject I shall without scruple relate what has just occurred in the capital of a wise and powerful republic, which however, with all its wisdom, has unhappily retained some barbarous laws from those old, unsocial, and inhuman ages, called by some the ages of purity of manners. Near this capital a newborn infant was found dead; a girl was apprehended on suspicion of being the mother, she was shut up in a dungeon;; she was strictly interrogated; she replied;

EXECUTIONER.

Ir may be thought that this word ought not to be permitted to degrade a dictionary of arts and sciences; it has a connection however with jurisprudence and history. Our great poets have not disdained frequently to avail themselves of this word in tragedy: Clytemnestra, in Iphygenia, calls Agamemnon the executioner of his daughter.

In comedy it is used with great gaiety; Mercury in the Amphitrion (act i. scene 2), says

Comment, bourreau! tu fais des cris!
How, hangman! thou bellowest ¡

{

And even the Romans permitted them- lady. There is a rule in all things, and certain limits which cannot be rationally passed.

selves to say

Quorsum vadis, carnifex?

Whither goest thou, hangman!

The Encyclopædia, under the word EXECUTIONER, details all the privileges of the Parisian executioner; but a recent author has gone farther. In a romance on education, not altogether equal to Xenophon's Cyropedia or Fenelon's Telemachus, he pretends that the monarch of a country ought, without hesitation, to bestow the daughter of an executioner in marriage on the heir apparent of the crown, if she has been well educated, and if she is of a sufficiently congruous disposition with the young prince. It is a pity that he has not mentioned the precise sum she should carry with her as a dower, and the honours that should De conferred upon her father on the day of marriage.

Est modus in rebus, sunt certi denique fines,
Quos uitra citraque nequit consistere rectum.

EXPIATION.

"Dieu fit du repentir la vertu des mortels."

THE repentance of man is accepted by God as virtue, and perhaps the finest institution of antiquity was that solemn ceremony which repressed crimes by announcing that they would be punished, and at the same time soothed the despair of the guilty by permitting them to redeem their transgressions by appointed modes of penance. Remorse, it is to be remembered, must necessarily have preceded expiation, for diseases are older than medicine, and necessities than relief.

There was, then, previously to all public and legal forms of worship, a naIt is scarcely possible, with due con- tural and instinctive religion which ingruity, to carry farther the profound mo- flicted grief upon the heart of any one rality, the novel rules of decorum, the who, through ignorance or passion, had exquisite paradoxes, and divine maxims committed an inhuman action. A man with which the author I speak of has in a quarrel has killed his friend, or his favoured and regaled the present age. brother, or a jealous and frantic lover has He would undoubtedly feel the perfect taken the life of her without whom he congruity of officiating as bride-man at felt as if it were impossible to live. The the wedding. He would compose the chief of a nation has condemned to death princess's epithalamium, and not fail to a virtuous man and useful citizen. Such celebrate the grand exploits of her father. men, if they retain their senses and sensiThe bride may then possibly impart some bility, become overwhelmed by despair. acrid kisses; for be it known that this Their consciences pursue and haunt them; same writer, in another romance called two courses only are open to them, reHeloise, introduces a young Swiss, who paration or to become hardened in guilt. had caught a particular disorder in Paris, All who have the slightest feeling remainsaying to his mistress, "Keep your kissesing choose the former; monsters adopt the to yourself; they are too acrid." latter.

A time will come when it will scarcely be conceived possible that such works should have obtained a sort of celebrity; had the celebrity continued, it would have done no honour to the age. Fathers of families soon made up their minds that it was not exactly decorous to marry their eldest sons to the daughters of exe-commented on the excess of absurdity cutioners whatever congruity might ap- and insanity which can imagine that Dear to exist between the lover and the what washes the body, washes the soul

As soon as religion was established, expiations were admitted. The ceremo{nies attending them were, unquestionably, ridiculous; for what connection is there between the water of the Ganges and a murder? How could a man repair homicide by bathing? We have already

also, and expunges from it the stain of evil actions.

TISM that the Christian catechumens were not called initiated till after they had been baptised.

The water of the Nile had afterwards the same virtue as that of the Ganges; It is indisputable, that persons had not other ceremonies were added to these their sins washed away in these mysteries, ablutions. The Egyptians took two he- but by virtue of their oath to become goats and drew lots which of the two virtuous: the hierophant in all the Greshould be cast out loaded with the sins cian mysteries, when dismissing the asof the guilty. This goat was called Ha-sembly, pronounced the two Egyptian zazel, the expiator. What connection is words, Koth, ompheth," watch, be there, pray, between a goat and the crime pure; which at once proves that the of a human being? mysteries came originally from Egypt, and that they were invented solely to make mankind better.

It is certainly true that in after times this ceremony was sanctified among our fathers the Jews, who adopted many of the Egyptian rites; but the souls of the Jews were undoubtedly pnrified, not by the goat but by repentance.

Jason, having killed Absyrtes, his brother-in-law went, we are told, with Medea, who was more guilty than himseif, to be absolved by Circe, the Queen and Priestess of a, who passed in those { days for a most powerful sorceress. Circe absolved them with a sucking pig and salt cakes. This might possibly be a very good dish, but it could neither compensate for the blood of Absyrtes, nor make Jason and Medea more worthy people, unless while eating their pig they also manifested the sincerity of their repent

ance.

Wise men, we thus see, have, in every age, done all in their power to inspire the love of virtue, and to prevent the weakness of man from sinking under despair; but, at the same time there have existed crimes of such magnitude and horror, that no mystery could admit of their expiation. Nero, although an emperor, could not obtain initiation into the mysteries of Ceres. Constantine, accord{ing to the narrative of Zozimus, was un able to procure the pardon of his crimes: he was polluted with the blood of his wife, his son, and all his relations. It was necessary, for the protection of the human race, that crimes so flagitious should be deemed incapable of expiation, that the prospect of absolution might not invite to their committal, and that hideous atrocity might be checked by universal horror.

The Roman catholics have expiations which they call penances. We have seen, under the article AUSTERITIES, how grossly so salutary an institution has been abused.

The expiation of Orestes, who had avenged his father by the murder of his mother, consisted in going and stealing a statue from the Tartars of the Crimea. The statue was probably extremely ill executed, and there appeared nothing to be gained by such an enterprise. In later times these things were contrived better: mysteries were invented, and the offend- According to the laws of the barbarians ers might obtain absolution at these mys-who subverted the Roman empire, crimes teries by submitting to certain painful were expiated by money. This was "trials, and swearing to lead a new life. called compounding: "Let the offender It is from this oath that the persons taking compound by paying ten, twenty, thirty it had attached to them, among all na- shillings." Two hundred sous consttions, a name corresponding to that of tuted the composition price for killing a initiated "qui ineunt vitam novam,"- priest, and four hundred for killing a who begin a new career, who enter upon bishop; so that a bishop was worth exhe path of virtue. actly two priests.

We have seen under the article BAP

After having thus compounded with