66

who had correct notions of morality with respect to the prefent point. The following law is exprefs: "The fa"thers fhall not be put to death for the children, neither "fhall the children be put to death for the fathers: every man fhall be put to death for his own fin (a)." Amaziah, King of Judah, gave ftriét obedience to that law, in avenging his father's death: "And it came to pafs as foon as the kingdom was confirmed in his hand, that he flew "his fervants which had flain the king his father. But "the children of the murderers he flew not; according "to that which is written in the book of the law of Mc"fes()." There is an elegant paffage in Ezekiel to the fame purpofe (c): "What mean ye, that ye ufe this proverb concerning the land of Ifrael, faying, The fa"thers have eaten four grapes, and the childrens teeth are fet on edge? As I live, faith the Lord God, ye "fhall not have occafion any more to use this proverb " in Ifrael. The foul that finneth, it fhall die: the fon "fhall not bear the iniquity of the father, neither fhall "the father bear the iniquity of the fon; the righteouf"nefs of the righteous fhall be upon him, and the wick"ednefs of the wicked fhall be upon him." Among the Jews however, as among other nations, there are inftances without number, of involving innocent children and relations in the fame punishments with the guilty. Such power has revenge, as to trample upon cenfcience, and upon the most exprefs laws. Inftigated with rage for Nabal's ingratitude, King David made a vow to God, not to leave alive of all who pertained to Nabal any that piffeth against the wall. And it was not any compunction of confcience that diverted him from his cruel purpose, but Nabal's beautiful wife, who pacified him (d). But fuch contradiction between principle and practice, is not pecu liar to the Jews. We find examples of it in the laws of the Roman empire. The true principle of punishment is laid down in an edict of the Emperors Arcadius and Honorius (e). "Sancimus, ibi.effe poenam, ubi et

(a) Deuteronomy xxiv. 16.

(b) 2 Kings, chap. 14. (e) Chap. 18. (d) 1 Sanuel, chap, 25. (e) 1. 22. Cod. De poenis.

"noxia eft.

Propinquos, notos, familiares, 'procul a

"calumnia fubmovemus, quos reos fceleris focietas non facit. Nec enim adfinitas vel amicitia nefarium crimen ad"mittunt. Peceata igitur fuos teneant auctores: nec ulterius progrediator metus quam reperiatur delictum. "Hoc fingulis quibufque judicibus intimetur." Thefe very Emperors, with refpect to treason, which touched them nearer than other crimes, talk a very different lan guage. After obferving, that will and purpofe alone without an overt act, is treafon, fubjecting the criminal to capital punishment, and to forfeiture of all that belongs to him, they proceed in the following words (a). "Filii

vero ejus, quibus vitam Imperatoria fpecialiter lenitate "concedimus, (paterno enim deberent perire fupplicio, in quibus paterni, hoc eft, hereditarii criminis exempla "metuuntur), a materna, vel avita, omnium etiam proximorum hereditate ac fucceffione, habeantur alieni: "teftamentis extraneorum nihil capiant: fint perpetuo 86 egentes et pauperes, infamia eos paterna femper comi"tetur, ad nullos profus honores, ad nulla facramenta per"veniant: fint poftremo tales, ut his, perpetua egeftate fordentibus, fit et mors folatium et vita fupplicium.‡”

connec

"We ordain, that the punishment of the crime shall extend to "the criminal alone. We hold his relations, his friends, and his ac quaintances, unfufpected; for intimacy, friendship, or tion, are nareef of argument of guilt. The confequences of "the crime thail purfue only its perpetrator. Let this ftatute be intimated to all our judges."

(a) 1. 5. Cod. ad leg. Jul. majelt.

"By a fpecial extenfion of our imperial clemency, we allow "the fons of the criminal to live, although, in ftrict justice, being "tainted with hereditary guilt, they ought to fuffer the punishment of their father. But it is our will, that they fhall be incapable of all inheritance, either from the mother, the grandfather, or any of their kindred; that they fhall be deprived of the power of inheriting by the testament of a stranger; that they "thall be abandoned to the extreme of poverty and perpetual indigence; that the infam of their father fhall ever attend them, incapable of honcurs, and excluded from the participation of religious rites; that fuch, in fine, fhall be the mifery of their con⚫ dition, that life fhall be a punifhaient, and death a comfort.

ལ

Human nature is not fo perverfe, as without veil or difguife to punish a perfon acknowledged to be innocent. An irregular bias of imagination, which extends the qualities of the principal to its acceffaries, paves the way to that unjust practice (a). That Lias, ftrengthened by indignation against an atrocious criminal, leads the mind haftily to conclude, that all his connections are partakers of his guilt. In an enlightened age, the clearness of moral principles fetters the imagination from confounding the innocent with the guilty. There remain traces however of that bias, though not carried fo far as murder. The fentence pronounced against Ravilliac for affaffinating Henry IV. of France, ordains, "That his house be eraz"ed to the ground, and that no other building be ever "erected upon that fpot." Was not this in imagination punishing a house for the proprietor's crime?

Murder and affaffination are not only deftructive in themselves, but, if poffible, ftill more deftructive in their confequences. The practice of fhedding blood unjustly, and often wantonly, blunts confcience, and paves the way to every crime. This obfervation is verified in the ancient Grecks: their cruel and fanguinary character, rendered them little regardful of the ftrict rules of juf tice. Right was held to depend on power, among men as among wild beafts: it was conceived to be the will of the gods, that fuperior force fhould be a lawful title to dominion; "for what right can the weak have to what "they cannot defend ?" Were that maxim to obtain, a weak man would have no right to liberty nor to life. That impious doctrine was avowed by the Athenians, and publicly afferted by their ambassadors in a conference with the Melians, reported by Thucydides (b). Many perfons act as if force and right were the fame; but a barefaced profeffion of fuch a doctrine, is uncommon. In the Eumenides, a tragedy of Efchylus, Oreftes is arraign ed in the Areopagus for killing his mother. Minerva, prefident of the court, decrees in favour of Oreftes: and for what reason? "Having no mother nyfelf, the (a) Elements of Criticism, chapter 2. fection 5. (6) Lib. 5.

D

murder of a Mother toucheth not me*."

In the tragedy

In the 22d

of Electra, Oreftes, confulting the Delphic oracle about means to avenge his father's murder, was enjoined by Apollo to forbear force, but to employ fraud and guile. Obedience to that injunction, Oreftes commands his tutor to fpread in Argos the news of his death, and to confirm the fame with a folemn oath. In Homer, even the great Jupiter makes no difficulty to fend a lying dream to Agamemnon, chief of the Greeks. Diffimulation is recommended by the goddefs Minerva (a). Ulyffes declares his deteftation at ufing freedom with truth (b); and yet no man deals more in feigned ftories (c). book of the Iliad, Minerva is guilty of grofs deceit and treachery to Hector. When he flies from Achilles, fhe appears to him in the thape of his brother Deiphobus, exhorts him to turn upon Achilles, and promifes to affift him. Hector calls upon his brother for another lance, but in vain, for Deiphobus was not there. The Greeks in Homer's time must have been, ftrangely deformed in their morals, when fuch a ftory could be relifhedt. A nation begins not to polish nor to advance in morality, till writing be common; and writing was not known among the Greeks at the fiege of Troy. Nor were the morals of that people, as we fee, much purified for à

Athens, from the nature of its government as eftablished by Solon, was rendered incapable of any regular or confiftent body of laws. In every cafe, civil and criminal, the whole people were judges in the laft refort. And what fort of judges will an ignorant multitude make, who have no guide but paffion and prejudice ? It is vain to make good laws, when fuch judges are interpreters. Anacharfis, the Scythian, being prefent at an affembly of the people, faid, “It was fingular, that in Athens, wife men pleaded causes, and fools determined them,"

"(~) Odyssey, book 13. (3) Book 14. (4) Book 14. book 13.

Upon the ftory of Jupiter being deceived by Juno in the 14th hook of the Iliad, Pope Tays, "That he knows not a bolder

ction in all antiquity, nor one that has a greater air of impiety." Pope it would feeni was little acquainted with antiquify : for fuch act of impiety were common among the Greeks; and in particular the incident mentioned in the text, is not only more impious, but also a more grofs violation of the laws of morality.

When Plautus

long time after writing became common. wrote, the Roman fyftem of morals must have been extremely impure. In his play termed Menachmi, a gen. tleman of fashion having accidentally got into his hands a lady's robe with a gold clafp, inftead of returning them to the owner, endeavours to fell them without fhame or remorfe. Such a scene would not be fuffered at prefent, except among pick-pockets. Both the Greeks and Carthagenians were held by the Romans to be artful and cunning. The Romans continued a plain people, with much fimplicity of manners, when the nations mentioned had made great progrefs in the arts of life; and it is a fad truth, that morality declines in proportion as a nation polishes. But if the Romans were later than the Greeks and Carthagenians in the arts of life, they foon furpaffed them in every fort of immorality. For this change of manners they were indebted to their rapid conquefts. The fanguinary difpofition both of the Greeks and Romans, appears from another practice, that of expofing their infant children, which continued till humanity came in fome measure to prevail. The practice continues in China to this day, the populoufnefs of the country throwing a veil over the cruelty; but from the humanity of the Chinefe, I conjecture, that the practice will be found The Jews, a cloudy and peevish tribe, much addicted to bloodfhed, were miferably defective in moral principles. Take the following examples out of an endlefs number recorded in the books of the Old Testament. Jael, wife of Heber, took under her protection Sifera general of the Canaanites, and engaged her faith for his fecurity. She put him treacheroully to death when afleep; and was applauded by Deborah the propheteis for the meritorious action (a). That horrid deed would probably have appeared to her in a different light, had it been committed against Barac general of the Ifraelites. David, flying from Saul, took refuge with Achifh, King of Gath; and though protected by that King, made war against the King's allies, faying, that it was again

rare. "

(4) Judges iv. 5.