advantage of their weakness; but a reftoration of that ancient conftitution, of which our ancestors had been de frauded by the art and fineffe of the Norman lawyers, rather than deprived by the force of the Norman arms. Blackstone's Commentaries. $64. Of British Juries. The method of trials by juries is generally looked upon as one of the moft excellent branches of our conftitution. In theory it certainly appears in that light. According to the original establishment, the jurors are to be men of competent fortunes in the neighbourhood; and are to be fo avowedly indifferent between the parties concerned, that no reasonable excep tion can be made to them on either fide In treafon the perfon accufed has a right to challenge five-and-thirty, and in felony twenty, without fhewing caufe of challenge. Nothing can be more equitable. No prifoner can defire a fairer field. But the misfortune is, that our juries are often compofed of men of mean eftates and low under ftandings, and many difficult points of law are brought before them, and fubmitted to their verdict, when perhaps they are not capable of determining, properly and judiciously, fuch nice matters of juftice, although the judges of the court explain the nature of the cafe, and the law which arifes upon it. But if they are not defective in knowledge, they are fometimes, I fear, from their ftation and indigence, liable to corruption. This indeed is an objection more to the privilege lodged with juries, than to the inftitution itself. The point moft liable to objection is the power, which any one or more of the twelve have to starve the rest into a compliance with their opinion; fo that Mankind in general are not fufficiently acquainted with the import of the word juftice: it is commonly believed to confift only in a performance of those duties to which the laws of fociety can oblige us. This, I allow, is fometimes the import of the word, and in this fenfe justice is diftinguished from equity; but there is a juftice ftill more extenfive, and which can be fhewn to embrace all the virtues united, which impels us to give to every perfon Jufice may be defined, that virtue what is his due. In this extended fenfe of the word, it comprehends the practice of every virtue which reafon prefcribes, or fociety fhould expect. Our duty to our Maker, to each other, and to ourfelves, are fully answered, if we give them what we owe them. Thus juftice, properly speaking, is the only virtue; and all the reft have their origin in it. The qualities of candour, fortitude, charity, and generosity, for inftance, are not in their own nature virtues ; and, if ever they deferve the title, it is owing only to juftice, which impels and directs them. Without fuch a moderator, candour might become indifcretion, fortitude, obftinacy, charity imprudence, and generofity mistaken profufion. A difinterested action, if it be not conducted by juftice, is, at beft, indifferent in its nature, and not unfrequently even turns to vice. The expences of fociety, of prefents, of entertainments, and the other helps to chearfulness, are actions merely indifferent, when not repugnant fuperfluities; but they become vicious to a better method of difpofing of our when they obftruct or exhauft our abilities from a more virtuous difpofition of our circumstances. penfably neceffary as thofe imposed on True generofity is a duty as indifus by law. It is a rule impofed on us reign law of a rational being. But by reafon, which fhould be the fovethis generofity does not confift in obeying every impulfe of humanity, in following blind paffion for our guide, and impairing our circumftances by prefent benefactions, fo as to render us incapable of future ones. Goldsmith's Effays. $66. 66. Habit, the Difficulty of con quering. There is nothing which we eftimate fo fallaciously as the force of our own refolutions, nor any fallacy which we fo unwillingly and tardily detect. He that has refolved a thousand times, and a thousand times deferted his own purpofe, yet fuffers no abatement of his confidence, but till believes himfelf his own master, and able, by innate vigour of foul, to prefs forward to his end, through all the obftructions that inconveniences or delights can put in his way. That this mistake should prevail for a time is very natural. When conviction is prefent, and temptation out of fight, we do not eafily conceive how any reafonable being can deviate from his true interest. What ought to be done while it yet hangs only in fpeculation, is fo plain and certain, that there is no place for doubt; the whole foul yields itself to the predominence of truth, and readily determines to do what, when the time of action comes, will be at laft omitted. I believe moft men may review all the lives that have paffed within their obfervation, without remembering one efficacious refolution, or being able to tell a fingle inftance of a courfe of practice fuddenly changed in confequence of a change of opinion, or an establishment of determination. Many indeed alter their conduct, and are not at fifty what they were at thirty, but they commonly varied imperceptibly from themfelves, followed the train of external caufes, and rather fuffered reformation than made it. It is not uncommon to charge the difference between promife and performance, between profeffion and reality, upon deep defign and ftudied deceit; but the truth is, that there is very little hypocrify in the world; we do not fo often endeavour or wish to impofe on others as on ourselves; we refolve to do right, we hope to keep, our refolutions, we declare them to confirm our own hope, and fix our own inconftancy by calling witneffes of our actions; but at last habit prevails, and those whom we invited at our triumph, laugh at our defeat. Custom is commonly too ftrong for the most.refolute refolver, though furnished for the affault with all the weapons of philofophy. "He that endea vours to free himself from an ill habit," fays Bacon, "must not change "too much at a time, left he should be difcouraged by difficulty; nor too little, for then he will make but flow advances." This is a precept which may be applauded in a book, but will fail in the trial, in which every change will be found too great or too little. Those who have been able to conquer habit, are like thofe that are fabled to have returned from the realms of Pluto: Pauci, quos æquus amavit Jupiter, atque ardens evexit ad æthera virtus. They are fufficient to give hope but not fecurity, to animate the conteft but not to promife victory. Thofe who are in the power of evil habits, muft conquer them as they can, and conquered they must be, or neither wifdom nor happiness can be attained; but those who are not yet fubject to their influence, may, by timely caution, preferve their freedom, they may effectually refolve to escape the tyrant, whom they will very vainly refolve, to conquer. Idler. § 67. Halfpenny, its Adventures. .. Sir, "I fhall not pretend to conceal from you the illegitimacy of my birth, or the bafenefs of my extraction: and though 1 feem to bear the venerable marks of old age, I received my being at Birmingham not fix months ago.. From thence I was tranfported, with many of my brethren of different dates, characters, and configurations, to a Jew pedlar in Duke's place, who paid for us in fpecie fcarce a fifth part of our nominal and extrinfic value. We were foon after feparately difpofed of, at a more moderate profit, to coffee-houses, chop-houses, chandlers-fhops, and ginfhops. I had not been long in the world, before an ingenious tranfmputer of of metals laid violent hands on me; and obferving my thin fhape and flat furface, by the help of a little quickfilver, exalted me into a fhilling. Ufe, however, foon degraded me again to my native low station; and I unfortunately fell into the poffetion of an urchin just breeched, who received me as a Christmas-box of his god-mother. "A love of money is ridiculously inftilled into children fo early, that before they can poffibly comprehend the ufe of it, they confider it as of great value: I loft therefore the very effence of my being, in the cuftody of this hopeful difciple of avarice and folly; and was kept only to be looked at and admired but a bigger boy after a while fnatched me from him, and releafed me from my confinement. : "I now underwent various hardfhips among his play-fellows, and was kicked about, huftled, toffed up, and chucked into holes; which very much battered and impaired me: but I fuf. fered moft by the pegging of tops, the marks of which I have borne about me to this day. I was in this ftate the unwitting caufe of rapacity, ftrife, envy, rancour, malice, and revenge, among the little apes of mankind; and became the object and the nurfe of thofe paffions which difgrace human nature, while I appeared only to engage children in innocent paftimes. At length I was difmiffed from their fervice by a throw with a barrow woman for an orange. 46 From her it is natural to conclude, I posted to the gin-fhop; where, indeed, it is probable I fhould have immediately gone, if her husband, a foot foldier, had not wrefted me from her, at the expence of a bloody nofe, black eye, fcratched face, and torn regimentals. By him I was carried to the Mall in St. James's Park, where I am afhamed to tell how I parted from him let it fuffice that I was foon after depofited in a night-cellar. "From hence I got into the coat pocket of a blood, and remained there with feveral of my brethren for fome days unnoticed. But one evening as he was reeling home from the tavern, he jerked a whole handful of us through a 8 fash window into the dining-room of a tradefman, who he remembered had been fo unmannerly to him the day before, as to defire payment of his bill. We repofed in foft eafe on a fine Turkey carpet till the next morning, when the maid fwept us up; and fome of us were allotted to purchase tea, fome to buy fnuff, and I myfelf was immediately trucked away at the door for the Sweethearts Delight. "It is not my defign to enumerate every little accident that has befallen me, or to dwell upon trivial and in different circumftances, as is the practice of thofe important egotists, who write narratives, memoirs, and travels. As ufelefs to community as my fingle felf may appear to be, I have been the instrument of much good and evil in the intercourfe of mankind: I have contributed no fmall fum to the revenues of the crown, by my share in each news-paper; and in the confumption of tobacco, fpirituous liquors, and other taxable commodities. If I have encouraged debauchery, or fupported extravagance; I have alfo rewarded the labours of industry, and relieved the neceffities of indigence. The poor acknowledge me as their conftant friend; and the rich, though they affect to flight me, and treat me with contempt, are often reduced by their follies to diftreffes, which it is even in my power to relieve. "The prefent exact fcrutiny into our conftitution has, indeed, very much obftructed and embarraffed my travels; though I could not but rejoice in my condition lait Tuesday, as I was debarred having any fhare in maiming, bruifing, and deftroying the innocent victims of vulgar barbarity: I was happy in being confined to the mock encounters with feathers and ftuffed leather; a childish fport, rightly calculated to initiate tender minds in acts of cruelty, and prepare them for the exercise of inhumanity on helpless animals. "I fhall conclude, Sir, with informing you by what means I came to you in the condition you fee. A choice fpirit, a member of the kill-care-club, broke a link-boy's pate with me laft night, as a reward for lighting him across across the channel; the lad wafted half his tar flambeau in looking for me, but I escaped his fearch, being lodged fnugly against a poft. This morning a parith girl picked me up, and carried me with raptures to the next baker's fhop to purchase a roll. The mafter, who was churchwarden, examined me with great attention, and then gruffly threatening her with Bridewell for putting off bad money, knocked a nail through my middle, and fastened me to the counter but the moment the poor hungry child was gone he whipt me up again, and fending me away with others in change to the next cuftomer, gave me this opportunity of relating my adventures to you". Adventurer. The love of history feems infeparable from human nature, because it seems infeparable from felf-love. The fame principle in this inftance carries us forward and backward, to future and to past ages. We imagine that the things which affect us, muft affect pofterity: this fentiment runs through mankind, from Cæfar down to the parifh-clerk in Pope's Mifcellany. We are fond of preferving, as far as it is in our frail power, the memory of our own adventures, of thofe of our own time, and of thofe that preceded it. Rude heaps of ftones have been raised, and ruder bymns have been compofed, for this purpofe, by nations who had not yet the ufe of arts and letters. To go no further back, the triumphs of Odin were celebrated in Runic fongs, and the feats of our British ancestors were recorded in thofe of their bards. The favages of America have the fame cuftom at this day: and long historical ballads of their hunting and wars are fung at all their feftivals. There is no need of faying how this paffion grows among all civilized nations, in proportion to the means of gratifying it: but let us obferve, that the fame principle of nature directs us as ftrongly, and more generally as well as more early, to indulge our own curiofity, instead of preparing to gratify that of others. The child hearkens with delight to the tales of his nurfe; he learns to read, and he devours with eagerness fabulous legends and novels. In riper years he applies to hiftory, or to that which he takes for hiftory, to authorized romance; and even in age, the defire of knowing what has happened to other men, yields to the defire alone of relating what has happened to ourselves. Thus hiftory, true or falfe, fpeaks to our paffions always. What pity is it, that even the best fhould fpeak to our understandings fo feldom? That it does fo, we have none to blame but our felves. Nature has done her part. She has opened this study to every man who can read and think: and what she has made the most agreeable, reafon can make the moft ufeful application of our minds. But if we confult our reason, we shall be far from following the examples of our fellow-creatures, in this as in most other cafes, who are fo proud of being rational. We fhall neither read to footh our indolence, nor to gratify our vanity: as little fhall we content ourselves to drudge like gram❤ marians and critics, that others may be able to ftudy, with greater eafe and profit, like philofophers and statesmen : as little fhall we affect the flender merit of becoming great fcholars at the expence of groping all our lives in the dark mazes of antiquity. All thefe mistake the true drift of study, and the true ufe of hiftory. Nature gave as curiofity to excite the industry of our minds; but he never intended it to be made the principal, much less the fole, object of their application. The true and proper object of this application, is a conftant improve. ment in private and in public virtue. An application to any ftudy, that tends neither directly nor indirectly to make us better men, and better citizens, is at beft but a fpecious and ingenious fort of idleness, to use an expreffion of Tillotfon: and the knowledge we acquire is a creditable kind of ignorance, nothing more. This creditable kind of ignorance is, in my opinion, the whole benefit which the generality of men, even of the most learned, reap from the ftudy of hiftory: and yet the study of hiftory feems to me, of all other, the most proper to § 69. Human Nature, its Dignity. train us up to private and public virtue. We need but to caft our eyes on the world, and we shall fee the daily force of example: we need but to turn them inward, and we shall foon discover why example has this force. Pauci pruden. tia, fays Tacitus, bonefta ab deterioribus, utilia ab noxiis difcernunt: plures aliorum eventis docentur. Such is the imperfection of human understanding, fuch the frail temper of our minds, that abstract or general propofitions, though never fo true, appear obfcure or doubtful to us very often, till they are explained by examples; and that the wifeft leffons in favour of virtue go but a little way to convince the judgment and determine the will, unless they are enforced by the fame means, and we are obliged to apply to our felves, what we fee happen to other men. In ftructions by precept have the farther difadvantage of coming on the authority of others, and frequently require a long deduction of reafoning. Homines amplius oculis quam auribus credunt: longum iter eft per præcepta, breve et efficax per exempla. The reafon of this judgment, which I quote from one of Seneca's epistles, in confirmation of my own opinion, refts I think on this, That when examples are pointed out to us, there is a kind of appeal, with which we are flattered, made to our fenfes, as well as our understandings. The inftruction comes then upon our In forming our notions of human nature, we are very apt to make a comparifon betwixt men and animals, which are the only creatures endowed with thought, that fall under our fenfes. Certainly this comparison is very fa vourable to mankind; on the one hand, we fee a creature, whofe thoughts are not limited by any narrow bounds either of place or time, who carries his refearches into the moft diftant regions of this globe, and beyond this globe, to the planets and heavenly bodies; looks backward to confider the first origin of human race; cafts his eyes forward to fee the influence of his actions upon pofterity, and the judgments which will be formed of his character a thoufand years hence: a creature, who traces caufes and effects to great lengths and intricacy; extracts general principles from particular appearances; improves upon his difcoveries, corrects his miftakes, and makes his very errors profitable. On the other hand, we are prefented with a creature the very reverfe of this; limited in its obfervations and reafonings to a few fenfible objects which furround it; without curiofity, without a forefight, blindly conducted by inftinct, and arriving in a very short time at its utmost perfection, beyond which it is never able to advance a fingle itep. What a difference is there betwixt thefe creatures; and how exalted a notion must we entertain of the for mer, in comparison of the latter. confidered. Hume's Effays. own authority: we frame the precept after our own experience, and yield to fact when we refift fpeculation. But this is not the only advantage of in- $70. The Operations of Human Nature ftruction by example; for example appeals not to our understanding alone, but to our paffions likewife. Example affuages thefe or animates them; fets paffion on the fide of judgment, and makes the whole man of a piece, which is more than the ftrongeft reafoning and the clearest demonftration can do; and thus forming habits by repetitions, example fecures the obfervance of thofe precepts which example infinuated. We are compofed of a mind and of a body, intimately united, and mutually affecting each other. Their operations indeed are entirely different. Whether the immortal fpirit that enlivens this machine is originally of a fuperior nature in various bodies (which, I own, feems moft confiftent and agree. able to the fcale and order of beings), or, whether the difference depends on Bolingbroke. a fymmetry, or peculiar ftructure of the organs combined with it, is beyond my |