ment inconfiftent with right reason and strict justice, which political cafuifts attempt to vindicate by the general plea of neceffity, and by making fubtle and extravagant dif tinctions between political and moral vir tue, which have no real foundation in nature.

The bulk of the people, from their indolence and incapacity, júdge every model to be perfect to which they are accustomed; and think whatever is, is neceffary to be done. They are enemies to innovations, because they are too fhort-fighted to perceive the good which may refult, or too inert to oppose the inconveniencies which may enfue, from a change.

How many revolutions have taken place, by which fociety has been improved, which, when they were firft in agitation, were deemed Utopian and chimerical? How many projectors have been deemed mad and foolish, because their countrymen were blind and obftinate? What violent oppofitions have been made in this kingdom to many new regulations,

regulations, which, upon experience, have proved of fuch uncommon utility, that their most eager opponents have at length petitioned to be made partakers of what, through ignorance and pertinacity, they had before ftrenuously rejected.

Though the state of fociety, especially in this kingdom, is greatly improved, there is ftill room for farther amendment; and we are yet many removes from the perfection we are capable of attaining.

SECT. III.

Farther Continuation of this Subject.

NOLUMUS leges Angliæ mutari, was the answer of the Earls and Barons at the famous Parliament of Merton, where the Prelates endeavoured to procure an act to al, ter the Common Law, and substitute thé Civil and Canon Law in its ftead.

This anfwer, though extremely spirited and pertinent at that time, has been fince quoted

quoted with great impropriety by those who have oppofed new inftitutions. Many obftinately perfevere in a beaten tract, though rugged and unpleasant, rather than deviate into a untrodden path, however fmooth and inviting.

There are certain aphorifms, which men of weak minds or interefted views are always ready to apply for want of folid reasons to fupport their objections. When any scheme of improvement is offered, hundreds will tell you, that innovations are dangerous, for one who is capable of pointing out where the apprehended danger lies.

Should this maxim prevail in the extent to which fome are defirous to ftretch it, our laws would become, like those of some eaftern nations we read of, immutable. But innovations are then only dangerous, when they are not founded on reafon and juftice, and when they are not introduced at a proper time and with fuitable caution.

If we are deterred from attempting innovations, for fear of fome uncertain danger

in

in the experiment, we must be content to labour under all the mifchiefs and inconveniencies, which time, and a change of circumftances, brings on almost every inftitution, however expedient and unexceptionable at its original establishment. As circumstances vary, policy fhould undoubtedly accommodate its fyftem to fuch a variation.

However political cafuifts may pride themselves in fubtilizing and reconciling moral repugnances with public neceffity, we may venture to conclude, that whatever fhocks the common fenfe and feelings of mankind, is faulty in its original establish

ment.

Nothing can be more oppofite to natural reason, than the, confounding the different degrees of crimes, and with indifcriminate severity inflicting capital punishments on unequal offences.

To imagine that fuch rigour will deter delinquents from offending, is a vain fup,pofition.

pofition. The dread of future punishment, however formidable and inevitable too, (though it is feldom that offenders think punifhment unavoidable) makes but inadequate and impotent impreffions on a man, while under the prefent predominancy of an impetuous paffion; as is notorious from the very fiender effects of religious fears on true be lievers.

SECT. IV.

Confideration of Authorities on this Subject.

A

Syftem of government, founded on,

or fupported by, the neceffity of inflicting Capital Punishments with fuch indifcriminate feverity, must be established a gainst the fundamental principles of the Law of Nature and Right Reafon, which forbids us to take away life unless to fave our own, or avenge the death of another. But happily fuch neceffity feems to be, in our free conftitution, purely imaginary,

Lord