of severity to be employed is only restrained to that which will not excite compassion for the sufferer and lessen the horror of the crime.' So that in a community where the feelings of the people are sufficiently blunted to endure without sympathy, the spectacle of the rack, it may be highly expedient that society should make use of that instrument for the diminution of crime:' Sane hic rigor utilitate publicâ compensatur.''

To the preceding notices we may add the observations of Sir Thomas Smith, (who lived in the reign of Elizabeth,) relative to the application of torture in this kingdom. In the 27th chapter of his Commonwealth of England, he says: "Heading, tormenting, dismembering, either arm or leg, breaking upon the wheel, impaling, and such cruel torments, as be used in other nations by the order of the law, we have not; and yet as few murders committed as anywhere, nor is it in the Judge's power to aggravate or mitigate the punishment of the law, but in the Prince's only, and his Privy Council, which is marvellously seldom done." Sir Thomas here appears to recognize the dangerous prerogative of aggravating the punishment of the law, a prerogative altogether inconsistent with a free government. A little afterwards he observes : "Likewise torment or question, which is used by the order of the Civil

Law, and custom of the countries, to put a malefactor to excessive pain, to make him confess of himself, or of his fellows or accomplices, it is not used in England; it is taken for servile."

THE TEMPLE CHURCH.

The Temple Church, which belongs in common to the two societies of the Inner and Middle Temple, was founded by the Knights Templars in the reign of Henry II. upon the model of the Church of the Holy Sepulchre, and was consecrated in 1185, by Heraclius, Patriarch of Jerusalem, who was at that time on a visit to England for the purpose of raising contributions in support of the Crusades. This was not the first church founded by the Knights Templars in England, their original seat being near the entrance into Chancery Lane from Holborn, where in 1595, the ruins of an old church, built in a circular form, (the usual form in which the Templars built all their churches,) were discovered. (Stowe's Survey, 824. Dugd. Orig. 144.) The following is the description of the Temple Church, given in Herbert's History of the Inns of Court, (p. 259.)

"This is a very beautiful specimen of the early Gothic architecture. It has three aisles running east and west, and two cross aisles. The windows are lancet-shaped, very antique, and the western entrance, which answers to the nave in

other churches, is a spacious round tower, in imitation of the Church of the Holy Sepulchre, (a peculiarity which distinguishes all the churches of the Knights Templars.) This is separated from the choir, not by close walls, but by a handsome screen, which, however, has the effect of obstructing the sight. It is supported by six pointed arches, each resting on four round pillars, bound together by a faccia. Above each arch is a window with a rounded top, with a gallery and rich Saxon arches intersecting each other. Withoutside of the pillars is a considerable space preserving the circular form. On the lower part of the wall are small pilasters meeting in pointed arches at the top, and over each pillar a grotesque head.

"The choir is a large building of the square form, evidently erected at another time; the roof is supported by slight pillars, of what is generally called Sussex marble, and the windows on each side, which are three in number, are adorned with small pillars of the same. On the outside is a buttress between each. The entire floor is of flags of black and white marble. The length of the choir is 83 feet, the breadth 60, and the height 34; it is unencumbered with galleries. The height of the inside of the tower is 48 feet in diameter, on the floor 51, and the circumference 160.

"The pillars of this tower, (6 in number,) are wainscoted with oak to the height of eight feet, and some have monuments placed against them, which injures the uniformity of the plan. It is singular that the small pillars, and the heads, which ornament them, are not of stone, but a composition resembling coarse mortar, which is very rotten, and from neglect and damp, threatens (unless repaired,) a very speedy demolition."

The best description of the monuments in the Temple Church is contained in Pennant's History of London, and is now extracted.

"On the floor of the round church are two groups of knights. In the first are four, each of them cross-legged, three of them in complete mail, in plain helmets, flattened at top, and with very long shields. One is known to have been Geoffrey de Magnaville, created Earl of Essex in 1148. His end was singular, for being driven to despair by the injustice of his monarch, King Stephen, he gave loose to every act of violence. He was mortally wounded in an attack upon Burwell Castle, in Cambridgeshire, and, being found by some Templars, was dressed by them in the habit of the order, and carried from the spot. As he died excommunicated, they wrapped his body in lead, and hung it on a crooked tree in the Temple orchard. On being absolved by the Pope, (it being proved, that he expressed great penitence in

his last moments,) he was taken down, and buried, first in the cemetery, and afterwards in the place where we find this memorial of him."(Gough's Monuments, i. 24. tab. v.)

"One of these figures is singular, being bareheaded and bald, his legs armed, his hands mailed, his mantle long, round his neck a cowl, as if, according to a common superstition in early days, he had desired to be buried in the dress of a monk, lest the evil spirit should take possession of his body; on his shield are three fleurs de lis.

"In this group is a stone coffin of a ridged shape, conjectured to have been the tomb of William Plantagenet, fifth son of Henry III.

"In the second group, are other figures, but none of them cross-legged, except the outermost; all of them are armed in mail; the hel mets much resemble the former; but few are mailed. One figure is in a spirited attitude, drawing a broad dagger; one leg rests on the tail of a cockatrice, the other is in the action of being drawn up with the head of a monster beneath. None of the eight figures, except that of Geoffrey de Magnaville are ascertained; but Camden conjectures, that three are intended to commemorate William, Earl of Pembroke, who died in 1219, and his sons, William and Gilbert, likewise Earls of Pembroke, and Marshals of England. In the first group, one of the figures bears a lion upon