friend in London, therefore, advised her to procure the opinion of fome perfon in Dublin, whofe judgment could be depended on; and unfortunately (as I then thought it), that choice fell upon me; because no task can be more difagreeable than that of being obliged to tell people unwelcome truths, and the odds were greatly on that fide of the queftion. This office was preffed upon me by a perfon I could not refufe, who carried me one morning to the Mufic Hall, where the Lady and her friends were waiting, with Mr. Bardin, lately an Actor, who was provided to rehearfe the fcenes of Haftings and Alicia. At the introduction I remember I too honeftly confeffed my difpofition of mind, almost to a breach of good-manners. When the rehearsal began, Mrs. Gregory had not fpoke above three or four fpeeches, before I left my feat and ftopt them, by faying, "Madam, the best apology I can make you for what I have already faid is, by this early declaration of my opinion, that you have it in your power to be an Actress of confequence: now, Madam, proceed as long as you pleafe, I fhall attend with pleafure." When the rehearsal was over I confirmed my opinion in the strongest terms, but that was not fufficient, I was requested to give it in a letter to Mr. Sparks in London, which I wrote as foon as I returned home; on which the was fent for to Covent-Garden." Her first appearance on the stage was Thursday, January 10th, 1754, in the character of Hermione in The Diftreft Mother, and her reception was equal to the warmest expectations of her friends. Mr. Murphy, who then wrote The Gray's Inn Journal, gave the folJowing account of her performance. On Thurfday last the audience was greatly furprized at the appearance of a new actress on this ftage (Covent Garden) in the character of Hermione, and it was univerfally agreed that it was the best first attempt they had ever known. This actress came on without any previous puffs to prejudice the Town in her favour; a modek prologue was fpoke on the occafion, in which the only begs to be endured, though the convinced every body that the poffeffes all the materials to form a great actress, her perfon being tall and graceful, her features wel! difpofed, without any difproportion, and her voice clear, full, and harmonious. She had not the pitiful ambition to overdo her part, but her clocution was perfectly natural, and the exertions of her powers in fome paffages fhew what the is capable of when her fears have fubfided. (Gray's Inn Journal, No. 16.) Another (if another) periodical Writer, in a paper entitled, The Gray's Inn Journal, er Craftsman, No. 1265, spoke of her in the following terms: "A modeft prologue, pertinent to the occafion, which Mr. Smith fpoke with great happiness, was all the information the Town received of this Lady before her appearance. The first night of her performing, the panic which fo numerous an audienco as appeared upon the occafion ftruck in her, prevented her for fome time from exerting her powers; but as foon as the got the better of this tremor, her auditors were agreeably furprized with a performer that did not only promife an equal with any upon the English Theatre, but really was competitor with the most celebrated that now treads the stage. The majefty of her perfon is undoubtedly far fuperior to that of any modern actress: the propriety of her action is most happily adapted to the fentiment the expreffes; her voice, which is clear, diftinct, and harmonious, the makes ufe of to great advantage by never mifapplying an em phafis: She treads the stage with that particular cafe which few attain to after many years practice.” Mr. Murphy's favourable opinion of our actress's powers continued beyond the first notice of them. On the succeeding Saturday, 19th January, he inferted the following in The Gray's Ing Journal: "Mrs. Gregory, who ap peared here in the character of Hermione, continues to rife in reputation every night, and never fails to draw a numerous audience. I look upon it to be a peculiar degree of merit to adventure on the age, unheard of and unknown, without friends, and without any kind of party in her favour: with thefe difadvantages, to extort the general applaufe, and be in every scene the moft confpicuous figure, though performing with practifed and experienced players, is the mark of an uncommon genius. She is perfectly mistress of graceful deportiment, natural and fenfiole elocution, and a conformity to nature without any trick or affectation. Every caft of her eye, every attitude, and every motion of her arms throughout her part, are all in character, and there is no reafon to doubt but she will be a very confiderable addition to the theatre." The fuccefs of Mrs. Gregory occafioned a report that Mr. Barry, apprehending the would interfere with Mifs Noffiter, had refufed to perform Oreftes; and this report gained fuch credit, that he judged it neceffary to publish a contradiction in all the papers. During the remainder of the feafon Mrs. Gregory only performed one new character, viz. Alicia. At the close of the feafon the was engaged by Mr. Victor for the Dublin Theatre, to which fhe became the principal fupport for feveral years. In the winter of 1756-7 the returned again to Covent Garden, and performed a few nights on fhares, to her own and the Manager's emolument; and in the fummer of 1757 the united herself in marriage with Mr. Fitzhenry, a young Lawyer of family and abilities, whofe progrefs in his profeffion was threatened to be impeded by his marriage. We are perfuaded it will reflect no credit on the liberality of the then Gentlemen of the long robe, that they demurred to his appearance amongst them at the bar on account of the profetsion of his wife. Had the been his mistress, the objection would not have occurred; and that fuch an objection should be ftarted, feems very much to impeach the delicacy and morality of the Irish bar. In the year 1765 Mrs. Fitzhenry again returned to London, and was engaged at Drury-Lane, in the opinion of many, as a curb on Mrs. Yates. In confequence a violent oppofition took place, and Mrs. Fitzhenry (notwithftanding her good character, and great abilities) was feverely and cruelly treated. This had nearly proved of fatal confequence to her fame as an actrels in Dublin, the ill report being trebled to greet her return. But real worth, and the high efteem fhe was held in by the worthy, baffled her enemies. She was foon reinftated in her former fituation of public applause and private efteem, and for years her pro feffional emoluments were large enough to enable her to fecure a state of independence for herself and family. She loft her husband fome years Be fore her own death, and was a fecond time left a widow. This was an afflicting ftroke, as he well deferved her affections. She was remarkable in the expreffion of maternal tenderness, and now had an opportunity of fhewing it to an amiable fon and daughter, to whom the proved an admirable mother, and prudently continuing her profeffional exertions, realized for them a very ample fortune. Actuated by mo tives of parental regard, fhe retired from the theatre fome years before her death, which, to the infinite regret of her numerous friends, happened at Bath in autumn 1790. The following Character of her is extracted from a Poem entitled THE THEATRE, by Mr. WHYTE, of Dublin, prone to blame, NOT warp'd by fpleen, or caufeless [thy name, What Mufe, FITZHENRY, could forget By virtue dignified, and dear to fame? A tender mother, and a faithful wife, [life; She grac'd the fcene, and trode the stage of Taught her lov'd offspring, as a parent fhou'd, The nobleft leffon, that of being good; Their guide and pattern; in the paths of truth She train'd their childhood, and confirm'd their youth; And, oh! that many fuch the stage supply'd, She liv'd like Pritchard, and like Pritchard dy'd. Reft, gentle pair! a pair fo well approv'd, Till genius and their virtues prov'd them great. To gain the fummit they their Reps addrefs'd; Rough was the way, and steep was the afcent, Yet on, fcarce dreaming to what end, they went. Great was the toil, and greatly they endur'd ; With Matadors, Pont, Bafto, and Spadille, The tragic page they tafted and they felt, And as around the friendly hearth they read, Oft fent their bearers weeping to their bed. In GRAY's ODE UPON THE DISTANT PROSPECT OF ETON COLLEGE; TRANSLATED INTO LATIN ALCAIC VERSES by T.B. EXCELSA longè culmina turrium herbidum Cernens vacantes, dicere tu potes) Quis nunc in undas fortiori Carpit iter fuperans lacerto? Captare quis nunc lufciniam valet? Aut nunc ineptus volvere circulum Quis certat? aut palmariam ul. Se jaculatum effe pilam fuperbit? Pars una forfan fegnitiem fugit, Doctafque curat fedula literas In tempora auftera, ut, foluti, Conditione magis fruantur. Sed terminos pars defpicit altera, Curfu relinquunt, refpiciunt, volant," Vocem videtur ferre flabrum Votaque furripiunt timentes. Blandè juventam credula fpes alit, At tinis expectatio fallitur: Nulli dolores, ni fugaces Gaudia blanda, falus cupita. Lentè diurni temporis it mora Lentèque noctis: manèque jam diem Ut fol refert, lectos relinquunt Mente levi facilefque fomnos. Ah! que futuri fint mala nefcios Vel pudor, invidiæve tabes. En longius quò canities tremet Manfuetus, atras fortes alius, Ventura fati, maximè fi ESSAY THE THIRD. ON LEGISLATION AND PUNISHMENT. Quæ tempora aliqua defiderant leges, mortales, ut ita dicam, et temporibus ipfis mutabiles funt.-LIVY. ALTHOUGH the queftion concern ing the origin of fociety be a queftion more of curiofity than of ufe, yet the advocates for the opinion that fociety arofe from the free confent of individuals, can at leaft urge fomething for its practical influence; for by reprefenting the civil engagement as a voluntary compact between the fubject and the prince, they remind each of his refpective duties; and prefenting obedi ence to the prince, confirm protection and fecurity to the fubject. The peo ple, indeed, in fuch a cafe, from too high an opinion of their own importance, may fometimes become impatient of controul; may be unwilling to fhew what, however, muft be often necef fary, an implicit fubmiffion; but the prince may likewife neglect his part, and in him any abuse of truft will be far more extenfively prejudicial. At the exhibition of a play in the Swedish nation during a very early period of their hiftory, a favourite actor, named Lengis, appeared before the king and a very numerous affembly of the people, in the character of a Roman foldier. The play was one of thofe myfteries which was the only dramatic entertainment then known by the barbarous nations of the North, and reprefented our Saviour's paffion. Lengis was fo animated by his theatrical exertions, as to forget that they ought to be fictitious, and actually killed with his fpear the man on the trofs who perfonated Chrift. The king, as the public avenger, inftantly ftruck off the head of Lengis with his vn feymetar; and a violent tumult being in confequence excited, the monarch himself fell a facrifice to the un reftrained fury of the multitude. In the unlimited ruler we may often difcern, as in the prefent inftance of the Swedish defpot, fome affection for his fubjects; but affection is not precluded by the idea of a free contract on both fides, and juftice is a much more deter minate and equitable rule of conduct than generosity. If, indeed, we indulge our imagination with the images of ancient times, and view the VOL. XXV. patriarclial monarch furrounded by his affectionate dependants, each of whom traces himself up to his chief by fome fanciful connection, we contemplate the picture with unusual delight, and behold in it all that we can defire of national felicity. A condition, however, like this cannot be permanent. In proportion as dominion becomes extenfive, perfonal regard between the fubject and the governor will, of course, decay, and the fovereign will chufe to eftablish his authority upon a tirmer bafis than that of affection alone. With perfect uprightness of intention, he finds it neceffary to be armed against the attacks of the turbulent and ambitious; nor thinks himself obliged by the fe vereft rules of justice to restore to his fubjects any part of thofe rights which had been furrendered to him without condition. Whatever, therefore, an enlightened mind may fuggeft to fuch a fovereign, of the expediency of impartial govern ment, yet we cannot reafonably expect from him fuch fedulous attention, as from the ruler who conceives his authority to be established on confent. Uport any fuppofition, then, of the origin of communities, which probably has been as various as the climates and fituations of mankind, it is evidently useful to confider them at prefent as joined to their refpective heads by voluntary agreement; an agreement in which liberty and ftrength are bartered for abundance and fecurity. The time is paft for difcuffing the exploded argument of the indefeasible rights of defpotifm;as if our ignorant or mifguided forefathers had a right to eternize flavery-had influence beyond the tomb to entail calamity on their children. Of many benefits which have arifen from the opinion of an original compact between fubjects and their fovereign, this is one, that perfons have been encouraged by it to examine with freedom into their civil conftitution, and to endeavour by difcreet and fober methods to correct its errors. Thus the above opinion, merely fpeculative inappearance, Hhh appearance, has produced many practical advantages; has been the caufe that the members of inconfiderable communities have become eminent benefactors to mankind. It is from this principle of mutual compact, either fuppofed or exprelled, that laws have in all governments been first framed, and afterwards altered or annulled; and, in deed, that any thing has been established for the fole advantage of the people; and, fupported by this principle, we look forward with reafonable hopes to the ftill higher improvement of legif lation. The Penal Law is one of the branches of government in which improvement may be made. Its exceffive feverity, indeed, throughout Europe, has often been matter of complaint; and though the plea in behalf of humanity has not been evidently fuccefsful, we are not therefore to conclude that it has been made in vain. Though it may not have occafioned the formal repeal of any fanguinary ftatute, it may have prevented the enacting of feveral, and by its gentle perfuation may have mitigated that rigour it was unable wholly to re move. Indeed our own country on this fubject has little to lament. It has endeavoured in a peculiar manner, and not in vain, to procure in the venerable interpreters of its laws, thofe effential attributes of the Judge of the Univerfe, independence, impartiality, and wifdom. Its laws themfelves, if compared with thofe of other European nations, will appear to be merciful; and in the cafes where they are lefs benign, the Constitution has provided in the Sovereign an afylum from their feverity. In rigorous and fanguinary inftitutions, this must be undoubtedly a defirable refuge; but there are fome mifchiefs flowing frotn it, and it might ufefully be exchanged for a milder code. It is impoffible for a monarch, however equitable himself, to be al ways guarded against the mifreprefentations of the prejudiced, the remonfrances of the powerful; and a fingle inftance of imprudent mercy will induce thoufands to quiet their alarms with the hopes of fimilar impunity. It is not fo much the rigour as the certainty of punishment which prevents the commiflion of crimes; nor can any thing enhance the terror of a penalty like its inftant execution. It is the chance of elcaping which ftimulates men to wickedness: remove that, and they turn from the fatal poifon with ab horrence, though the cup which contains it be gilded, and the potion for a moment be delicious. The corporal penalties established in this country are Death, Imprisonment, and Servitude; and confidering the crimes they are intended to reprefs, they fcarcely can be accounted rigorous. Capital punishment, indeed, has been often thought to be an unnecessary feverity. In fome parts of Switzerland it is death to cut down a tree; but trees are in that country a great fecurity against the Avalanches, or mountains of fnow, which come rolling down from the Alps, overwhelming men, cattle, and houses. It fhould feem that the punishment of Death fhould be admitted in the cafe of murder even on the plea of humanity, as it removes from existence an offender whom all muft behold with undisguised fentiments of abhorrence, to whom it must be punishment to live-a pu nifhment greater than he can bear. Integrity and mutual confidence, the animating principles of commerce, frequent and fuccefsful acts of treachery would fpeedily extinguish. The magi ftrate, therefore, chaftifes thefe with the utmoft terrors of his vengeance. The facility too with which fuch crimes are perpetrated, as it increases the force of the temptation, demonstrates the neceffity of extreme rigour. Accordingly, fuch offences, though when confidered in a moral light they are beyond comparifon lefs heinous than the first-mentioned, we find to be not lefs conftantly punished with death. But it appears that thefe crimes are commonly committed by the diffolute, the idle, the luxurious; and it feems probable, that irrevocable flavery, whlie in reality a more humane and a more ufeful penalty, would to fuch be at leaft equally terrible. The delinquents would, in this cafe, be lefs likely to efcape with impunity; for many, no doubt, mild and benignant difpofitions have been restrained from a profecu tion, when they confidered that the blood of the culprit muft expiate his offence. The principal object of public chaftifement is, indeed, to deter others; yet it rather fhould err on the fide of mercy, than be very difproportionate to the crime, for then the indignant fpectator refufes to profit by the example, and forgets the delinquent |