not in our country be adopted, the long term and fixed moderate rent, which seems now generally preferred abroad, might. This system, which many persons in Tuscany would prefer to their mezzadria, can easily be adopted when landholders wish to act justly; and then, as the landlord would not share the benefit of any excessive crop, neither ought he to suffer from any unexpected loss." Both our authors are eloquent upon the fine arts in Tuscany. Mr. Geale details his own impressions, and, of course, tells us what he thinks of the rival Venuses-the Madonna del Seggiola, La Fornarina, and the chefs d' aurre of Guido, Rembrandt, Carlo Dolci, and Rubens. Mr. Whiteside gives us a disquisition on the fine arts, clever, though not original, and from some of his views we claim the right to dissent. Nor yet can we exmuch admiration of the tone or press spirit in which he has very unnecessarily introduced, and somewhat dogmatically discussed a polemical question which unhappily agitates and rends the bosom of our Anglican Church. That Low Church Evangelism and Oxford Tractarianism are proper subjects for the discussion of every member of our Reformed religion, we admit; but a hasty and incidental assault upon the religious opinions of men, many of whom are as learned as they are practically pious, and unaffectedly sincere, is not likely to effect much good, or indeed to have any effect at all. To assume the matter which one is bound to establish, is method of argumentation-too an easy easy, indeed, for one of Mr. Whiteside's logical acumen to condescend to. To give hard names, and attribute unworthy conduct to others, is the commonest weapon of every puny assailant. Therefore we think Mr. Whiteside's text for his polemical sermon is unjustifiable, both in point of dialectics and fair play, when he states that the recent movement at Oxford is to undo the work of the Reformation, and that this object has been prosecuted with craft. No doubt the movement has led some to err deplorably; but Mr. Whiteside knows their errors do not necessarily establish against all highchurchmen the wholesale charge of attempting craftily to undo the Reformation; and while we regard, with feelings similar to his own, the exam ples of religious corruption, error, and Lawyers are notoriously a bookmaking tribe. To collect and collate -to borrow from their predecessors, rather than originate for themselvesis with them a necessity, rather than a choice. Mr. Whiteside has borrowed largely from the stores of others; but he has done so in many cases judiciously, and in general candidly. He may fully claim, too, as a merit, rather than plead as an excuse, that he has, in more than one instance, made us for the first time acquainted with facts and essays which had not heretofore passed beyond the boundaries of Italy, and in some cases beyond the circle of a limited class of Italians. We are thus indebted to our author for an admirable and very interesting account of the benevolent institutions of Tuscany, extracted from a work by Signior Turchetti (a summary of which he prints), as well as from other authorities. This is a branch of sta tistics of great importance; and yet, strange to say, not very much is to be found on the subject in the works of Italian tourists: administration. For this his professional habits eminently qualified him, and he has in these volumes collected an amount of information on these matters that form a very valuable accession to our hitherto limited knowledge of Italian jurisprudence. One of the principal sources of information upon the Florentine laws which our author has consulted, is a treatise by an advocate and eminent jurist of the name of Agostino Ademollo upon "Leopold's Criminal Code." The work is in five volumes; but Mr. Whiteside gives a brief summary of its principal points. We shall pretermit the historical disquisition in which the learned jurist indulges, touching the gradual progress of criminal procedure from its remotest origin, and content ourselves with some of the more striking characteristics of the code as cited by Mr. Whiteside. All crimes must be prosecuted within ten years; lesser offences within five, and judicial transgressions within one year after the deposition of the judge. This limitation does not, however, preclude a civil action by the injured party for reparation: "Undoubtedly, there is much reason in this law, so contrary to ours. It is more humane, and not less repugnant to reason. The crime against society may be atoned by a long life of repentance; but the best principle on which to rest the Tuscan law is the difficulty in which, after a long period, the accused might be placed, from the absence or loss of the evidence essential to prove his innocence. In our system, should a prosecutor delay his information twenty years, although competent at any time previously to make it, the long concealment would affect the credit of his statement; in Tuscany, the prosecution, in such a case, would be impossible, and it is very doubtful whether the limitation fixed by Leopold would not be the wiser rule." Another peculiarity which differences the code from that which obtains with us, is, that the criminal prosecution, and the civil injury resulting from the same act, are prosecuted at the same time, and before the same judge. We are not disposed to concur with our author in his commendation of this course. No doubt, it has obvious advantages, but we doubt if it could be made to harmonize with the very artificial state of our jurisprudence, without confounding distinc tions between the civil and criminal procedure, now too well established to be destroyed with facility, or perhaps safety. The manner in which the proceedings preliminary to the trial are conducted, appears to us to be very admirable. We shall offer no apology for a lengthened extract:— "The Judge of Instruction now begins his labours, to digest all the preliminary information, and systematize everything bearing on the material fact of the crime. Thus such a brief is prepared for the crown prosecutor as few counsel in our country ever receives. The most scrupulous exactness is enjoined as to the identification of the person accused. We have now another functionary, called the Criminal Notary, in action. His duty consists in the careful compilation of the process, that is, the indictment, only of a much more full nature than ours. This officer, responsible for the duty of compiling the process, is commanded by the code to be laborious and careful, and he is made responsible for breach of duty. The process, neatly corrected and paged, is now forwarded to il Regio Procuratore, and the accused is apprised of this fact, and then must be added any facts or statements the prisoner may think fit or wish to make, and the whole in a complete form must be forwarded to the tribunal of the first instance. "Now, the evidence for the public trial must be got up by the officer named Judge of Instruction, and the rules are given, divided into six heads. He is to apply his care-first, to the original relation of the crime (processi verbali); second, to the time and inspection of the place, and instruments, &c., of the crime; third, to the examination of the witnesses; fourth, to a careful analysis and examination of the documents; fifth, to the statements of the prisoner; sixth, to the identification of the accused. This officer has express power given by the code to summon all persons before him, and oblige them to declare what they know of the case. If witnesses voluntarily appear before him, he must make a note of that fact in taking down their statement. respect to the mode of identification, this officer must introduce the accused amidst several other persons, into an apartment, and the accuser is called upon then to identify the person he prosecutes his mode of doing which must be carefully noted by the official in the process. This Judge of Instruction is authorised by law to issue his warrant against the accused, not only to appear before him for interrogation, but also to secure his person, when not before With done, for future trial. The cases are serious in which imprisonment before trial is warranted. Immediately on the arrest being made, a brief preliminary examination is had, to ascertain that a wrong person has not been seized, and a formal warrant must now be produced. A rational system of bail is established, applicable to cases not infamous. The celebrated habeas corpus act of England is explained. In awarding punishment, the time during which the accused may have been imprisoned, previous to the trial, is taken into account. "Before we enter upon the subject of the fourth book, I may remark that the pains taken to prepare the case for trial, and ensure the punishment of guilt, far exceed the system prevailing in England-most certainly in Ireland. We have excellent laws, but the guilty constantly escape the punishment of their crimes, by the careless and hasty manner in which the preliminary inquiries and preparations for the trial are made. The whole system of crown prosecutions might, on the Tuscan principle, be thoroughly reformed; and if coercive laws are to be shunned, the existing laws should be carefully and vigorously enforced. But more, perhaps, depends in the preparation for the trial, than in the mode of conducting it in court. In Tuscany, both departments of the public business, in the administration of criminal justice, are filled by officers capable and responsible; and the result is that crime, which is not scanty, is punished with certainty, although the code is the most humane and gentle in Europe. Death is very seldom inflicted. Moderate punishments, applied with certainty, are supposed to be sufficiently efficacious in the repression of serious crime." Our Previous to the public trial, the case is submitted to a tribunal called "la camera di accuse," which discharges the same functions as grand jury. Neither the parties nor counsel are heard, but the whole process and inquiries are laid before the court, which decides, in three days, by a plurality of voices, whether the accused is to be put on trial, or liberated. If the case be fit for trial, it goes before the court "di Prima Istanza," the proceedings of which are thus stated: : "The trial is public; all the witnesses on both sides are in attendance, and the advocate for the prisoner has the last word, after which the tribunal pronounces judgment, which is to be according to the moral conviction of the judge on the merits of the case, as established by legal proof. Absent witnesses are fined; witnesses present, should there be an adjournment, are detained: the oath administered is exactly according to the English form; questions may be suggested by any judge, or by the advocates on either side, but must always be put through the president. The previous examinations are referred to only for the purpose of contradiction. When the court withdraws, in Camera di consiglio, to deliberate privately, it cannot separate until final judgment is given. The accused, if acquitted, cannot be tried a second time. Should an equal number of judges declare for a different measure of punishment, the lesser must be inflicted. There is no appeal from this court, by either side, except to the Court of Cassation. This last and highest court, established in 1838, by the reform then effected, consists of five judges, a majority of whom decide; and its jurisdiction relates to the right ap plication of the law, all forms, and clashing of jurisdiction, but it does not decide upon the merits in fact. The forms are precise in proceedings for great crimes before il Corte Regia. The accused may select his advocate from amongst the number attached to that court; if he does not, or cannot, an advocate will be assigned to defend him." There are peculiarities in relation to the competency of witnesses, which are worthy of observation. Parents and children, husband and wife, stepparents and step-children, are prohi bited from giving testimony each against the other; and the same rule extends to some other relationships, if the parties are living under the same roof. This rule is sought to be jus tified on the law of nature, as well as the civil law. We may remark that our own code adopts a similar rule, in the case of husband and wife, upon the ground of public policy. The Tuscan rule, however, admits of a very extensive qualification in cases of serious premeditated crimes and homicide, if one has injured some other member of the family, and it be not possible to procure evidence elsewhere. We may also observe that the evidence of informers is received under restrictions very similar to those known to our own laws, but the judge has the power of interrogating the accused. The exact punishment awarded by the code must be pronounced, but it is requisite that the judges should be unanimous in awarding capital punishment; and if there be a dissentient voice, as is almost universally the case, the next punishment in the scale is awarded. While there is so much to admire in this code, there is one subject of criminal jurisprudence that presents a melancholy and discreditable contrast, betraying all the bigotry and intole rance of the religion from which it springs, and the leaven of the Inquisition, of which it is the last bequest to Florence. We allude to the law in relation to heresy. Mr. Whiteside put a formal case to an eminent advocate, asking "What species of liberty, as regards religion, exists in Tuscany—may a Tuscan change his religion, and continue to dwell in his native country, and occupy any situation which he may have before held under the government? The answer is highly interesting- The Catholic religion is the predominant religion in Tuscany. Preaching against this religion, seeking to sow sects, and to separate the faithful from the church, is a crime which, according to circumstances, may be punished either with exile or capital punishment.-(Law of the 5th July, 1782; law of 30th Nov., 1786, article 60; law of 30th August, 1795, article 9.) Our legislature, however, includes principally in heresy, the disturbance of social order. Hence, with us, there cannot exist presumed heresy for non-observance of religious precepts-nor may the private opinion of each individual, as regards religion, be inquired into. The inquisition being abolished, the precepts of reason come into operation; therefore, not by appearance, but by the actions, are inward thoughts judged of. Hence, a person cannot be reputed a heretic from outward signs, except he obstinately maintains heretical propositions, and refuse to submit to the judgment of the church. Much less can any civil law be applied to injure the temporal interests of heretics, except it be formally declared that the person against whom such application of the law is demanded is guilty of heresy. It is certain, however, that Tuscans, born Catholics, are not permitted to abjure the Catholic religion, and profess another. If this took place, the criminal punishment could not exceed exile. The apostate would be excluded from offices requiring particularly a Roman Catholic; consequently, they could not practise the law, or be judges, or wear the religious habit of Saint Stephen's. They might, however, fill every other office; but, in civil affairs, the laws of common right relative to heretics would be applicable. Capital punishment, prescribed by the law of 1795, appears to be only applicable to heresiarchs, a class of people almost imaginary, according to our present customs. Therefore, the laws are framed rather in terrorem than to be executed. In fact, there is no law in Tuscany that punishes private opinion, but, at the same time, we have no law that permits a Catholic openly to profess a different religion.' By far the most characteristic portion of Mr. Whiteside's work is his vigorous assault upon Mr. Roscoe's history of the Medici. Never did knight in olden times more chivalrously address himself to defending innocence and redressing wrongs, than does our author to demolish the eulogies of the Medicean biographer, to vilify the characters and impugn the motives of each and every member of these lordly and magnificent merchants. The affair is absolutely brilliant, and one is almost seduced by the liveliness of his humour, the pungency of his burlesque, and the incessant play of his verbal artillery, to assent to all that he advances, and believe that the Medici, despite of all the imperishable memorials of their genius, learning, and ability, were the heaviest curses that Providence ever inflicted on Tuscany. That Mr. Roscoe has magnified their merits, and extenuated their faults, few who read and judge for themselves will now deny. At the same time, we believe their faults were, in a great measure, those of the age and country; and we are convinced that their vigorous rule, though it infringed on the popular liberty, advanced Florence-that their wealth and commerce aggrandised her —their learning and taste adorned her, and their name, with all its deprecating accompaniments, is associated inseparably with her palmiest memories.* * We cannot think highly of the enthusiasm of him who could wander through the treasures of the " Pitti," with his heart filled with "hatred, malice, and all uncharitableness," against those whose taste and munificence so largely contributed to its riches. We hope the author's stomach, rather than his heart, was in fault when he fell foul" of the Medici, as Smollett did of their Venus, for which he was so sharply rallied by Sterne. "I will tell it to the world,' said Smellfungus. You had better,' said I, 'tell it to your physician.'" Indeed, too depreciating an estimate of those "upstarts from the countinghouse" had been previously made by Mr. Forsyth, in a concise and eloquent contrast with Leopold, to render this attack by Mr. Whiteside needful. But the truth is, "our learned friend" has evidently been retained in the cause— by his prejudice, or his pure love of a scrimmage and we view him accordingly, as we have often before done with delight and admiration, throwing, as an advocate, all the vigour of his eloquence and his intellect into the case which he was bound to sustain. "The History of the Medici," says he, "is as interesting as a fairy tale." As told by Sismondi, it is more-it is as interesting as a reality. As travestied by Mr. Whiteside, with admirable and quaint humour-a humour that we would say was all his own, but that it reminds us forcibly of Gilbert à-Becket's Comic History of England"-it is a most felicitous specimen of that dashing, slashing nisi-prius speech to a jury by which we have, many a time and oft, seen him invest sober truth with an air of irresistible ridicule, and laugh a case out of court. Let any one take up Sismondi's chapters, in his "History of the Italian Republics," which narrate the history of the Florentine republic during the time of the Medici, and compare them with Mr. Whiteside's clever sketch, and he will not be less surprised at the wholesale appropriation of the very language of the matter-of-fact Genevese, than he will be amused at the dexterity with which, by the change of a single phrase, or the introduction of a sly word or two, the adroit advocate contrives to mould facts to his own views, and suggest inferences which will help to " carry a verdict." From our author's onslaught upon the Medici, we turn, with unmixed gratification, to his valuable sketch of the life and labours of one whose character no eulogist can overdraw, and from whose sterling and practical virtues no tongue can detract. If the benefits which Florence derived from the Medici have been largely alloyed, as doubtless they have been, the vast and beneficial reforms of the illustrious Leopold have brought unmingled blessings, and raised Tuscany to its present prosperous condition. And now "6 Farewell to Florence." Our tourists both entered Rome by the same route-by Civita Castellana, and through the Campagna di Roma. "Dulce est desipere in loco." Every traveller is entitled to be eloquent or poetical, according to his taste, as he catches the first sight of "Imperial, peerless Rome." For once, then, we shall let each describe his sensations. From the summit of the Hill, Mr. Geale first catches sight of the Dome of St. Peter's, the Mole of Adrian, and the yellow Tiber, in the glory of an Italian sunset: "What a tide of reflections occupy the mind-what emotions stir the heart, on first beholding Rome. There is not only grandeur in the sight, but in the thought that we behold her; we feel as if brought us hither to ponder amidst ennobled by the destiny which has Rome, scenes so renowned and sacred. still seated on her seven hills, stretched away before us; the city-the vicissitudes of whose fortunes involve the history of our race; the fruitful mother of heroes; the imperial mistress of the world; exalted by the loftiest achievements of valour and patriotism; and adorned by the most varied and consummate genius; till, degenerate and self-enthralled, she became the victim of the sanguinary crimes and lust of power which she herself had engendered. No other city on earth has been the theatre of such events, or suggests the same associations. Who can behold it for the first time unmoved? The statesman-the philosopher and man of letters -the disciple of Luther or Calvin-all alike regard it with the deepest interest, although with the feelings which belong to their different characters; but it is the devout and believing in infallible Rome who behold her with one common feeling of enthusiastic veneration, and enter her gates with exultation as the 'Holy City,' hallowed by the blood of martyrs, and the residence of the fisherman and his successors." Mr. Whiteside thus moralizes : "I stood on the Campagna, the moment it was possible, to behold the glorious dome of St. Peter's. The view of some broken monument was interrupted by the strange figure of the Italian shepherd, clad in sheep-skin, tending his flock; or the stranger figure of the mounted peasant, muffled in his cloak, and with pointless spear driving the buffaloes before him. "I passed the site of the ancient Veii, and near those fields which Cincinnatus cultivated with his victorious hands. It |