Scotland, made a law neceffary, that whoever intermeddled irregularly with the goods of a deceased perfon, fhould be fubjected to pay all his debts, however extenfive. A due fubmiffion to legal authority, has in effect abrogated that severe law; and it is now fcarce ever heard of.

To control the hoarding-appetite, which when inflamed is the bane of civil fociety, the God of nature has provided two efficacious principles; the moral fenfe, and the fenfe of property. The hoarding-appetite, it is true, is more and more inflamed by beautiful productions in the progrefs of art: but, on the other hand, the fenses mentioned, arrived at maturity, have a commanding influence over the actions of men; and, when cherished in a good government, are a fufficient counterbalance to the hoarding-appetite. ancient Egyptians enjoy'd for ages the bleffings of good government; and moral principles were among them carried to a greater degree of refinement than at prefent even in our courts of equity. It was made the duty of every one, to fuccour those who were unjustly attacked: even paffengers were not exempted. A regula

The

tion among them, that a man could not be imprifoned for debt, was well fuited to the tenor of their laws and manners: it could not have taken place but among an honeft and induftrious people. In old Rome, tho' remarkable for temperance and aufterity of manners, a debtor could be imprisoned, and even fold as a flave, for payment of the debt; of the debt; but the Patricians were the creditors, and the poor Plebeians were held in woful fubjection *.

xury

The

* A bankrupt in England who pays three fourths of his debt, and obtains a certificate of his good behaviour, is difcharged of all the debts contracted by him before his bankruptcy. Such regulation was perhaps not unfuitable to the moderation and frugality of the period when it was made. But lu and external fhow, have now become our ruling paffions; and to fupply our extravagance, money must be procured at any rate. Trade in particular has degenerated into a fpecies of gaming; men venturing their all, in hopes of a lucky hit to elevate them above their neighbours. And did they only venture their own, the cafe would not be deplorable: they venture all they can procure upon credit; and by that means, reduce to beggary many an innocent family: with refpect to themfelves, they know the worst, which is to be clear'd from their debts by a certificate. The morals of our people are indeed at fo low an cbb, as to require the most.

2

The moderation of the inhabitants of Hamburgh, and their public fpirit kept in vigour by a free government, preserve morality among them entire from taint or

moft severe laws against bankruptcy. When a man borrows a fum, it is implied in the covenant, that all his effects present and future shall lie open to the creditor; for which reafon, it is contradictory to justice, that the creditor should be forc'd to discharge the debt without obtaining complete payment. Many debtors, it is true, deferve favour; but it ought to be left to the humanity of creditors, and not be forc'd from them by law. A debtor, at the fame time, may be fafely left to the humanity of his creditors for if he have conducted his affairs with ftrict integrity and with any degree of prudence, there will scarce be found one man fo hard-hearted, as to stand out against the laudable and benevolent intentions of his fellow-creditors. Nay, if he have. any regard to character, he dare not ftand out: he would be held as a monster, and be abhorred by all the world. To leave a bankrupt thus to the mercy of his creditors, would produce the most falutary effects. It would excite men to be strictly juft in their dealings, and put an end to gaming, fo deftructive to credit; becaufe mifbehaviour in any of thefe particulars would fet the whole creditors against their debtor, and leave him no hope of fa. vour. In the late bankrupt-ftatute for Scotland, accordingly, the claufe concerning the certificate was wifely left out, as unfuitable to the depraved manners of the prefent time.

VOL. IV.

Y

corruption.

corruption. I give an illustrious inftance, Instead of a tax upon trade or riches, every merchant puts privately into the public cheft, what he thinks ought to be his contribution: the total fum feldom falls fhort of expectation; and among that numerous body of men, not one is fufpected of contributing less than his proportion. But luxury has not yet got footing in that city. A climate not kindly and a foil not fertile, enured the Swifs to temperance and to virtue. Patriotifm continues their ruling paffion they are fond of ferving their country; and are honeft and faithful to each other: a law-fuit among them is a wonder; and a door is feldom fhut unlefs to keep out cold.

The hurtful effects of the hoarding-appetite upon individuals, make no figure compared with what it has upon the public, in every state enriched by conqueft or by commerce; which I have had more than one opportunity to mention. Overflowing riches unequally distributed, multiply artificial wants beyond all bounds: they eradicate patriotifm: they fofter luxury, fenfuality, and felfifhnefs, which are commonly gratified at the expence e

ven of justice and honour. The Athenians were early corrupted by opulence; to which every thing was made fubfervient. "It is an oracle," fays the chorus in the Agamemnon of Efchylus," that is

not purchased with money." During the infancy of a nation, vice prevails from imbecillity in the moral sense: in the decline of a nation, it prevails from the cor ruption of affluence.

In a small state, there is commonly much virtue at home, and much violence abroad. The Romans were to their neighbours more baneful than famine or peftilence; but their patriotism produced great integrity at home. An oath, when given to fortify an engagement with a fellowcitizen, was more facred at Rome than in any other part of the world (a). The cenforian office cannot fucceed but among a virtuous people; because its rewards and punishments have no influence but upon those who are ashamed of vice *. As foon

(a) L'Efprit des loix, liv. 8. ch. 13.

as

In the fifteenth century, the French clergy from the pulpit cenfured public tranfactions, and even the conduct of their king, as our British clergy