The period chosen for illustration is about the middle of the eleventh century, when De Hambie, a companion of Robert, Duke of Normandy, figured. The Second volume is full of curious antiquarian lore. The work, indeed, offers sufficient proof, that Jersey is not behind other sections, corners, and islands belonging to the British crown, in matters of tradition, or as respects a writer who can turn them to account in a variety of ways. The work is strikingly illustrated by art. Let all who delight in being surprised, and it will be advantageously, read these volumes.

ART. XXVII.—Recollections of Sir Walter Scott. London: Fraser. 1837.

THESE Recollections were originally published in Fraser's Magazine, and appear to have been written by a person who, from an early date, was on a very intimate footing with the Great Magician of the North, and who seems to have cherished a similarity of tastes and pursuits. The work contains a great number of anecdotes of Scott, and presents some very striking notices of his habits and character. Many of these, however, are neither new in point of information, nor surpassing as regards the manner in which they are now recorded. Neither do we think that Scott is to be seen in this portrait, according to the full breadth and strength of his genius, consisting as it did, in a great measure, of homely mother-wit, and a perfect sympathy with the ordinary ways of the world. The chief object which we have in view in noticing these Recollections, is not, however so much to criticise the work as to mark the extraordinary statement-and, no doubt, as true as it is extraordinary-which it presents in the history of modern literature,with regard to Scott's connection with Constable. The reliance which the former had in the sagacity and business-habits of the latter, was not perhaps more to be lamented than it was illustrative of how far even those who have studied mankind with the greatest precision may be at times mistaken and misled. Another lesson which is here taught, regards the danger and folly of expending profits before they are realized.

"I have said above, that the web of Scott's destiny was now woven, though he himself knew it not; and in these words I alluded to pecuniary difficulties, which, in his case, as it has happened in numberless others, took their actual rise and commencement at the very time when he seemed to be most prosperous. The author of Waverley lived on a scale of liberal if not profuse expenditure. His family having grown up, increased his disbursements. He had begun, and was resolved to finish, his mansion of Abbotsford; besides, he wished to purchase more land, to which plans his official income was unequal. But in Constable he now found a ready supporter, who at last proved his ruin. The bargains with this bookseller were now almost invariably made through Mr. James Ballantyne, the printer, who himself mainly depended on Constable's aid. I believe the latter was kept in ignorance who had written the Waverley novels till some years later, when concealment became out of the question.

"Having thus alluded to James Ballantyne, I must observe, that a character of more sterling integrity, or more friendly disposition, never

existed. As he was by no means of an over-sanguine temperament, it is possible that, by following his advice, the subsequent pecuniary embarrassments might have been avoided. But printers live by booksellers, and Constable's wealth and sagacity were then looked on as unimpeachable. Even till within a few weeks or days before his bankruptcy, his real circumstances were concealed from all the world, except the bankers; whose only chance of indemnity depended on keeping the secret. Yet by this time (1816), it is probable that the bookseller was himself in difficulties far greater, had the truth been told, than those which induced John Ballantyne to become an auctioneer. To counterbalance this,

however, he had a host of powerful friends, and ample credit; therefore could discount bills at the Scotch banks to almost any extent. The large sums necessarily embarked in great literary undertakings-encyclopædias, statistical accounts, histories, &c., which, he delighted to say, were of national importance, and which brought slow though sure returns-this alone afforded him a ready and plausible apology for having recourse to the bill system, which, perhaps, no one with a capital equally slender ever carried on to so great an extent. Very soon did Constable perceive the advantage he could derive in this branch of his operations through his connexions with Sir Walter Scott, provided only the latter would adopt or sanction the bill system also; and, unfortunately, through the mediation of Mr. Ballantyne, who, with the most honourable inten tions, was himself deceived as to the bookseller's circumstances, the author of Waverley was induced to do so. The novels were extremely profitable; so were the earlier poems, of which new editions were constantly called for, and remuneration must be made. Constable and Co. had no great stock of hard cash, but would liberally accept Mr. Scott's draft (or that of Mr. Ballantyne, as representative of the Great Unknown,) for 5000l. at twelve months, provided the poet would only indorse another for a like amount, or perhaps, for only 3000/.; which would be, pro tempore, of service to the bookseller, who had a convenient opportunity to discount it at a different bank, or, perhaps, through a private friend. Meanwhile, in return for this accommodation system, Constable was a most discreet, politic, and indefatigable trumpeter of the praises both of Sir Walter Scott and the unknown author of Waverley; that is to say, he gave out that the sale of their works was enormous; and, by mysterious hints, made it be understood that the purchase-money of a Waverley romance was never less than 80007. or 10,000/.; at which rate, taking the lower average, the whole series of novels (independently of other literary productions) must have brought to the author two hundred thousand pounds! At best, the trade, or amusement, whichever it is to be called, of authorship, will not yield returns like this: but, if people believed it, so much the better; and as to the sale of these novels being altogether unprecedented, there could be no doubt. The public were mystified; bankers and even booksellers were mystified; and, probably, those who were behind the scenes and ought to have understood the matter, were mystified also. That the author himself was so, there could be no doubt; otherwise he never would have acted on principles which ultimately led to his becoming an absolute martyr."

THE

MONTHLY REVIEW.

MARCH, 1837

ART. I.-Second Report from His Majesty's Commissioners on Criminal Law. Dated 9th June, 1836. Ordered by the House of Commons to be printed, 20th June, 1836.

IN the Speech read by the King's Commissioners on the opening of the present Session of Parliament, the following paragraph occurs:"We have it also in charge to recommend for your serious deliberation those provisions that will be submitted to you for the improvement of the Law, and of the Administration of Justice, assuring you that His Majesty's anxiety for the accomplishment of these objects remains undiminished." It must have been with much satisfaction, that every friend of practical reform has read the above announcement; and yet it is not unmingled with solicitude and doubt, regarding what may be the results of this strong, and, there is no question, this hearty recommendation from the throne, that we have reflected on the subject. Our fears are principally excited concerning the criminal branch of the law, to which we are now exclusively about to call the notice of our readers; and upon certain grounds to be specified these fears particularly rest. In the first place, there is reason to suspect that neither the majority of our legislators, nor the community at large, have yet fully and practically apprehended that high and pure conclusion of Christian philosophy, which establishes and maintains, that in every instance of punishment for the infraction of the laws, the idea of revenge, or of inflicting injury and pain in way of retaliation, ought never to enter, but only that of the prevention of similar offences for the future. In enlightened England, the people have not yet generally seen it proper to declare that capital punishment should be abolished on this ground, that something more severe must be found, since that of death is useless. In the second place, we see that Sir Robert Peel, at the Glasgow banquet, is reported, when referring to certain reforms which have been carried forward within the last nine or ten years, to have said "The whole of our criminal law has been VOL. 1. (1837). NO. 111.

X

revised and consolidated. The severity of our criminal code has been mitigated." Now, while we frankly admit that the latter statement is correct, and that the right honourable gentleman has been to a considerable extent, the advocate and instrument of these mitigations, we deny the former assertion; feeling, at the same time, that, if such an influential member of the senate retain these sentiments, it is not probable that the revision and consolidation, which we regard as rational and necessary, can be speedily carried into effect. But, in the third place, the Report, the title of which stands at the head of this paper, and which has been published by order of the House of Commons, as drawn up by a Commission which was appointed by the Whig Government in 1833, by no means, whether it be as regards the extent of reform, a clear exposition of the principles of our system, or a plain arrangement of facts and recommendations satisfies the mind; and if such a Report is to form the basis of reform, the public, we fear, will continue to have to lament for years to come, the inefficiency of our criminal code. There is sufficient in this voluminous document, however, to entitle it to public consideration. It contains some arresting facts, as well as unanswerable reasonings and admirable suggestions; all which must serve to bring the mind of the country nearer to a right perception of the principles and the details that should distinguish the system of laws alluded to.

Before directing the attention of our readers to some of the most important parts of the Report, and offering such objections as its errors or defects may seem to call for, there are a few things which every one will do well to consider. Many of the improvements in our criminal code, which have of late years been carried, have amounted to nothing better or more than the consolidation and arrangement of certain statutes; thus simplifying them and rendering the hindrances to conviction less formidable, as well as more clearly defining what amounted to crime in the eye of the law. There was not in many of these amendments any mitigation of severity. Indeed new capital crimes were announced and decreed; but how often have juries found their oaths and their feelings at war, in consequence of some of these intended improvements? Yet there has, especially in reference to one class of offences, been a strong and most salutary change introduced. Need we more pointedly allude to cases of forgery? Or need we inform our readers as to the fact of the beneficial results of these changes being far greater than their fondest advocates anticipated? The severity of the former punishment of forgery, all now discover, defeated itself.

And yet, even as it is, with all the known and admired repugnance which his Majesty entertains to the shedding of the blood of criminals, such punishments are more numerous in England than

in any other country of Europe. We shall afterwards see whether the recommendations in the present Report are likely to abridge this ghastly multitude. One other remark forces itself upon our attention at this moment, which regards the crime of murder. Here, perhaps, few would approve of any alteration; especially, until the effects of mitigated punishment should be fully ascertained in other enormous violations of human feelings, and those inalienable interests which seem more directly to be identified both with earth and heaven, mortality and immortality. But, while we cannot but deeply lament the fact, we also cannot but reflect upon it, that of late, when many crimes, which were wont to be punished capitally meet with more lenient treatment, and have not increased, that of murder has been perpetrated with a bold and a reckless hand, maintaining an ascendancy, not merely in heinous aggravation, but in frequency of perpetration.

On proceeding to consider the leading features of the Report before us, it is proper to quote its particular and definite objects, as given by the Commissioners themselves. They say—

"In our last Report on the Criminal Law, we requested your Majesty's attention more particularly to the present state of the unwritten part of it; conceiving that one of the most important objects of a digest, is the reduction of the unwritten Criminal Law to a more accessible and intelligible shape, and the rendering it capable of more certain and efficient application. It appeared to us to be essential to the attainment of this great object, that the necessity for such a work, and the dfficulties attending its execution, should be well understood; and that the principles on which it is to be performed should, in the first place, be well considered and determined.

"In order to afford a practical illustration of our general remarks, we proceeded to make a digest of the rules of the unwritten Criminal Law, so far as they relate to defining the crime of theft. The digest which we presented to your Majesty upon this subject, was not made with a view of recommending that it should be passed into a law, but for the purpose of showing, that the very principles of the unwritten law of crimes were frequently unsound and discordant-its distinction subtle and refinedand its rules complex and indistinct in their application. We considered that such a digest would, in conjunction with the general remarks offered in our First Report, satisfy your Majesty that some amendments of the nature we proposed, in the principles of the unwritten law of crimes, were expedient prior to the law being reduced into a statute, and obtaining the sanction of the legislature.

"Having thus observed upon and illustrated the present state of the unwritten law of crimes, we now propose to examine such of the more important branches of the Criminal Law, written and unwritten, as appear to be susceptiple of material improvement. And that our suggestions may be the more systematic and intelligible, we proceed to state the order in which we shall submit to your Majesty, the various subjects on which we intend to report: