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To render the cares of your government easy, I have associated with you prince Stahrenberg, who fully possesses the qualifications of a minister, and who will assist your highness in every affair.

Adieu, Princess! I embrace you with the greatest friendship, and am, with the most perfect esteem,

Your most obedient brother,
Vienna, January, 1781.

JOSEPH. To the Archbishop of Salzburg. Mon Prince, I have conducted the affairs of the German Empire alone, since the death of my father, and also for a long time the department of war. In the former, I have been assisted by a vast number of the laws of the empire, and the vice-chancellor Colloredo; the latter is superintended by my Lascy, one of the most able generals of the age; his great talents guaranty to me the good condition of my armies, and the security of my empire.

But the internal administratiom of my states requires immediate reform.--An empire which I govern must be swayed according to my own principles; prejudice, fanaticism, partiality, and slavery of the mind must cease, and each of my subjects be re-instated in the enjoyment of his native liberties.

Monachism has considerably increased in Austria; the number of ecclesiastical establishments and of monasteries has on to an extravagant height. The government till now,

ing to the rules of these people, had little or no right jir persons, and they are the most dangerous and use

subjects in every state, as they endeavour to exclude lemselves from the observance of all civil laws, and on all occasions have recourse to the Pontifex Maximus in Rome.

My minister of state, Baron von Kresel, the enlightened van Swieten, the prelate Rautenstrauch, and several other men of approved talents, will be nominated for the Aulic commission, which I have appointed for the suppression of the unnecessary monasteries and convents; and from their zeal for the good cause, and their attachment to the crown, I can expect all the good services which they will thereby render to the country.

When I shall have torn away the veil from monachism, when I shall have removed from the chains of my universities Andromache's web of the Ascetic doctrine, and when I shall have converted the monk of mere show into a useful citizen, then perhaps some of the party zealots will reason differently of my reforms.

I have a difficult task before me;-I have to reduce the host of monks, I have to transform Fakirs into men: those, before whose shorn head the common people fall down on their knees in veneration, and who have acquired a greater influence over the heart of the citizen, than any thing capable of making an impression on the human mind. Adieu !

Vienna, February, 1781.

Joseph.

TO BE CONTINUED.

as

of

AN

ESSAY

ON

CRIMINAL JURISPRUDENCE,

WITU

THE DRAFT

OP A

NEW PENAL CODE;

&c. &c.

By J. T. BARBER BEAUMONT, Esq., F. A.S.

ONE OF ITIS MAJESTY'S JUSTICES OF TIE PEACE YOR

MIDDLESEX AND WESTMINSTER.

[Concluded from No. XXXVI.]

OFFENCES AND CRIMES.

First Division.-DISHONESTY.

Second Section.-STEALING.

172. STBALING is the taking away the goods of another against his will and with a dishonest intention.

173. PILPERING. Privately stealing cultivated and Fine, or soligrowing Fruit, Vegetables, Com, or Wood, from any unen- tary impt, colsed ground. Stealing any Dog under the value of 5s. 2 to 4 weeks.

. VOL. XIX. Pam. NO. XXXVII.

G

FIRST COLUMN.

SECOND COL. from any place, any Fish by angling in any private fishpond, any Game from another's ground by shooting, also stealing any part of the Furniture of a house, or any Fixtures, or any Doors, Windows, or other parts of a house or its appurtenances, or the Machinery of a manufactory not exceeding the value of 5s., to the occupation and wear of any of which the offender has been admitted as tenant, or stealing any other thing or things not exceeding 5s. in value, from any place to which the offender had at the time of the theft right of access.

169. PRIVATELY STEALING any property above the value Solitary impt. of 5s., from any place to which the offender at the time had 4 to 12 weeks, right of access. Stealing Moveables, parts of Buildings, Fixtures thereto, materials for Fencing, or any other property from any place to which the offender at the time had no right of access, whatever may be the value of the thing stolen, Stealing Fish from private fish-ponds with nets, Game from another's ground with nets or artful contrivances, Materials from any monument or structure for the accommodation or pleasure of the public, any Dog exceeding 5s. in value, Goods of any value from any man's person.

170. STEALING WITH FORCE, but without putting in fear, Solitary impt. from the person, as snatching a bundle or other thing from 4 to 24 weeks. the possessor, and running away with it; from a building, as in forcing an entrance into, and stealing goods from a building not being inhabited; also stealing a child from its parents or guardians, or stealing a heiress being under the age of discretion.

171. ROBBERY, STEALING WITH FORCE, and PUTTING Solitary impt. in fear, as in stopping a person, and by Force or Intimi- 12 to 48weeks, dation, taking away his property; or writing to or accosting ation-on se a person, and by threats, inuendo, or gestures, giving him to cond offence, understand, that unless he surrender his property, he may hard labor for expect unlawful violence, or the accusation of a crime, or to life. have his house burnt down, or his property destroyed, or to suffer some other great injury, and procuring his property by such means. Entering an inhabited house with force in the day time, and stealing goods from it.

172. BURGLARY. Entering, or being in, an inhabited Transportadwelling-house in the night time, after having entered tion, or hard by force or contrivance, and after the inmates have labor for life. retired to rest, or after the usual time of retiring to rest, with the intent to steal goods therefrom, or to commit some malicious injury therein.

FIRST COLUMN.

SECOND COL. 173. ROBBERY or BURGLARY, or attempt to commit Death. either, accompanied by any act of cruelty, or severe personal injury to the person attacked, or to an inmate in the house unlawfully entered, or to some person attempting to apprebend the offender.

Second Division,-UNGOVERNED PASSIONS.

First Section.-LUST. 174. Lust is the indulgence of carnal passions, in a manner prejudicial to the peace and morals of society, as in

175. Having lascivious, or indecent representations, wri- Fine of solitings, or books, in possession, unless as objects of lite- tary impt. 1 to

8 weeks rary or scientific curiosity; and being, as such, carefully concealed from casual observation. 176. Lewd speaking or gesture, in the presence of any ty impt. 1 to

Fine or solitaunconsenting person.

8 weeks. 177. The exposure of lascivious or indecent acts,

Fine or solitary impt,

1 to 8 weeks. representations, writings, or books, to any unconsenting person.

178. Making, selling, or offering for sale, any las- Fine or solitary impt. civious or indecent representations, writings, or books,

1 to 8 weeks. 179. Erposure of the privy members to any unconsen

Fine or solitary impt. ting person, unless through unavoidable necessity.

2 to 12 weeks. 180. SOLICITATION of CHASTITY, is the attempt to subdue the honor of a female of good fame, under 21 years of age, by artful and persevering solicitations, and a gross manual berty with her person.

181. By a person not having any confidential re- Fine or solitary impt. lation to the female.

1 to 2 weeks. 182: By an inmute in the same house with the fe- fine or solitary impt. male, or one received in her family as her honorable 2 to 4 weeks. suitor.

183. By a person in the relation to her of kindred, Fine or solitary impt. of guardian, of instructor, of master, of servant.

4 to 8 weeks. 184. By any person on a child under the age of Fine or solitàry impt.

6 to 12 weeks.

ten years.

185. SEDUCTION of CHASTITY, is thè ábasement of female honor in a virgin of good fame, by means of artful and persevering solicitations.

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