pulled down. About the fame time it was proposed to break open fome houses in the temple for faving the furniture, the poffeffors being in the country; but it was declared burglary to force open a door without confent of the poffeffor. Such literal interpretation, contrary to common fense, has been extended even to inflict punishment, Ifadas was bathing when the alarm was given in Lacedemon, that Epaminondas was at hand with a numerous army. Naked as he was, he rushed against the enemy with a fpear in one hand and a fword in the other, bearing down all before him. The Ephori fined him for going to battle unarmed; but honoured him with a garland for his gallant behaviour. How abfurd to think that the law was intended for fuch a cafe! and how much more abfurd to think, that the fame act ought to be both punished and rewarded! The King of Caftile being carried off his horfe by a hunted hart, was faved by a perfon at hand, who cut his belt. The judges thought a pardon abfolutely requifite, to relieve from capital punishment a man who had lifted a fword

againft

against his fovereign *. It is a falutary regulation, that a man who is abfent can not be tried for his life. Pope Formofus died fuddenly without fuffering any pus nifhment for his crimes. He was raised from his grave, dreffed in his pontifical habit; and in that fhape a criminal procefs went on against him. Could it seriously be thought, that a rotten caroafe brought into court was fufficient to fulfil the law? The fame abfurd farce was play'd in Scotland, upon the body of Logan of Restalrig, feveral years after his interment. The body of Tancred King of Sicily was raifed from the grave, and the head cut off for fuppofed rebellion. Henry IV. of Caftile was depofed in abfence; but, for a colour of juftice, the following ridiculous fçene was acted. A wooden ftatue dreffed in a royal habit, was placed on a theatre; and the fentence of depofition was folemnly

A perfon unacquainted with the hiftory of law, will imagine that Swift has carried beyond all bounds his fatire againft lawyers, in faying, that Gulliver had incurred a capital punishment, for faving the Emperor's palace by piffing out the fire; it being capital in any perfon of what quality foever, to make water within the precincts of the palace.

read to it, as if it had been the King himself. The Archbishop of Toledo feized the crown," another the fceptre, a third the fword and the ceremony was concluded with proclaiming another king. How humblingi are fuch fcenes to man, who values himself upon the faculty of reafon as his prime attribute! An expedient of that kind would now be rejected with difdain, as fit only to amuse children; and yet it grieves me to obferve that law-proceedings are not yet totally purged of fuch abfurdities. By a law in Holland, the criminal's confeffion is effential to a capital punishment, no other evidence being held fufficient: and yet i if he infist on his innocence, he is tortured till he pronounce the words of confeffion; as if founds merely were fufficient, without will or intention. i The practice of

England in a fimilar cafe, is no lefs abfurd. Confeffion is not there required; but it is required, that the perfon accufed fhall plead, and fay whether he be innocent or guilty. But what if he ftand mute? He is preffed down by weights till he plead; and if he continue mute, he is preffed till he give up the ghost, a torVOL. III.

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ture known by the name of Peine forte er dure * Further, law copying religion, has exalted ceremonies above the fubftantial part. In England, fo ftrictly has form been adhered to, as to make the most trivial defect in words fatal, however certainthe meaning be. Murdredavit for murdravit, feloniter for felonice, have been adjudged to vitiate an indictment. Burgariter for burglariter hath been a fatal objection; but burgulariter hath been holden good. Webster being indicted for murder, and the ftroke being laid "finiftro "bració" instead of " brachio," he was difmiffed. A. B. alias dictus A. C. Butcher, was found to vitiate the indictment; because it ought to have been 4. B. Butcher, alias dictus A. C. Butcher. So gladium in dextra fua, without manu. A

-No bias in human nature is more prevalent than a defire to anticipate futurity, by being made acquainted beforehand

Since the above was written, the parliament has enacted, That perfons arraigned for felony or piracy, who ftand mute, or refufe to answer directly to the indictment, shall be held as confeffing, and judgement shall pafs against them, as if they had been convicted by verdict or confeffion.

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with what will happen. It was indulged without reserve in dark times; and hence oméns, auguries, dreams, judicial aftrology, oracles, and prophecies, without end.tolt fhows ftrange weakness not to fee, that fuch foreknowledge would be a gift more pernicious to man than Pandora's box it would deprive him of every motive to action; and leave no place for fagacity, nor for contriving means to bring about a defired event. Life is an enchanted castle, opening to interefting views that inflame the imagination and excite induftry. Remove the vail that hides futurity.

To an active, bustling, animating fcene, fucceeds a dead ftupor, men converted into ftatues; paffive like inert matter, because there remains not a fingle motive to action. Anxiety about futurity roufes our fagacity to prepare for what may happen; but an appetite to know what fagacity cannot difcover, is a weakness in nature inconsistent with every rational principle *

Foreknowledge of future events, differs widely from a conviction, that all events are fixed and inmutable: the latter leaves us free to activity the former annihilates all activity.