paflion, have, nevertheless, a tender confideration for their family, which may check their impetuofity, and deter them from criminal and traiterous enterprizes. But the number of these is small. Few, very few, weigh future confiderations in a just balance; the far greater part are governed by the hope of gratifying fome ruling paffion, or the profpect of fecuring fome immediate advantage. Many of thofe, who do not act from a principle of party-zeal, are often betrayed by the vain expectation of benefiting themselves and their families by the fruits of their delinquency. Some engage out of mere despair. Pinched, perhaps, by the remorse of an illspent life, and driven to extremities by the terrors of confcience, they lofe all regard to themselves, all attention to the welfare of their family, and only think of procuring immediate relief from pungent mifery, by burying thought in the confu fion of turbulent undertakings, and the tumult of civil revolutions. To men who move under any of these impreffions, the dread of diftant forfeitures are ineffectual restraints; fome, as has been obferved, from the wretchedness of their condition, are infenfible to the care of pofterity; and others flatter themselves with the hope of serving their families by their crimes. However, therefore, the State may fometimes draw profit from fuch grievous forfeitures, it derives no fecurity from them; since fo far from preventing, they rather tend perhaps to multiply the offence of High Treafon. If I may be allowed the expreffion, they feem to perpetuate a kind of deadly feud against the State. The defcendants of a traitor, finding themselves deprived of the honours and estate to which they were born, without any guilt of their own to incur the forfeiture, naturally contract an antipathy against Z 2 against the government; which, as they imagine, has treated them with injustice and oppreffion. It is in vain to oppofe the arguments of policy, against the feelings of Nature. We fhall never perfuade the innocent fon, that the good of fociety requires him to fuffer for the crime of a guilty father. However willingly we may accede to this propofition, when we ourselves are not affected by the conceflion, yet when we become the victims of this political axiom, we inftantly revolt against the principle. If we may judge from effects, we may fafely conclude, that fuch rigorous provifions do not anfwer the end of their institution. Notwithstanding the feverity of our Laws in cafes of High Treafon, yet where have been more frequent rebellions, than in this kingdom? Rebellion feems to be the growth of our ifle; and the rigour of the Law, inftead ftead of extirpating, rather feems to give it firmer root, ceased adopt the traiterous principles of their ancestors; and by reflecting on his miferable ftate, (the remembrance of which is continually revived by their own oppreffion, which, as they conceive, was unmerited) they are inceffantly excited to revenge. The defcendants of the de In truth, however, it does not feem only impolitic to involve children in the fate of an offending ancestor, by the confequences of fuch forfeitures, but it may be farther urged, that it is, in fome measure, unjust: for if the right of fucceffion to patrimonial eftates is a right of Nature, then no Law whatever can, or at least ought, to abridge that right. Having therefore faid thus much of the Laws refpecting High Treafon, I proceed to the next offence adjudged capital, which is Petty Treason. CHA P. II. SECT. I. Of Petty Treafon. ETTY Treafon is an offence defcri PET bed by the Statute of 25 Edw. III, chap. 3. and is committed when a fervant killeth his mafter, when a wife killeth her husband, or when a fecular or religious flayeth his prelate, to whom he oweth faith and obedience. I SECT. II. Reflections on Petty Treafon. T is here obfervable, that notwithstanding the breach of obedience, due to the fuperior flain, conftitutes the effence of this crime, yet if a child kill his father or mo ther, |