the reign of Elizabeth, there were computed to be in England ten thousand gypfies. In the year 1601, complaints were made in parliament, of the rapine of the juftices of peace; and a member faid, that this magiftrate was an animal, who, for half a dozen of chickens, would dispense with a dozen of penal statutes. The low people in England are greatly improved in their morals fince the days of Elizabeth. Laying afide London, there are few places in the world where the common people are more orderly and honeft. But we must not conclude, that England has gained much in point of morality. It has loft more by the luxury and loofe manners of its nobles, than it has gained by good difcipline among their inferiors. The undifciplined manners of our forefathers in Scotland, made a law neceffary, that whoever intermeddled irregularly with the goods of a deceased perfon, should be fubjected to pay all his debts, however extenfive. A due fubmiffion to legal authority, has in effect abrogated that severe law; and it is now scarce ever heard of. To control the hoarding-appetite, which when inflamed is the bane of civil fociety, the God of nature has provided two efficacious principles; the moral fenfe, and the fenfe of property. The hoarding-appetite, it is true, is more and more inflamed by beautiful productions in the progrefs of art: but, on the other hand, the fenfes mentioned, arrived at maturity, have a commanding influence over the actions of men; and, when cherished in a good government, are a fufficient counterbalance to the hoarding appetite. The ancient Egyptians enjoyed for ages the bleffings of good government; and moral principles were among them carried to a greater degree of refinement than at prefent even in our courts of equity. It was made the duty of every one, to fuccour fuccour those who were unjustly attacked: even paffengers were not exempted. A regulation among them, that a man could not be imprifoned for debt, was well fuited to the tenor of their laws and manners: it could not have taken place but among an honeft and industrious people. In old Rome, though remarkable for temperance and aufterity of manners, a debtor could be imprisoned, and even fold as a flave for payment of the debt; but the Patricians were the creditors, and the poor Plebeians were held in woful fubjection *. The moderation of the inhabitants of Hamburgh, and their public fpirit kept in vigour by a free government, preserve morality among them entire From taint or cor ruption. * A bankrupt in England who pays three fourths of his debt, and obtains a certificate of his good behaviour, is discharged of all the debts contracted by him before his bankruptcy. Such regulation was perhaps not unfuitable to the moderation and frugality of the period when it was made. But luxury and external show, have now become our ruling passion; and to supply our extravagance, money must be procured at any rate. Trade in particular has degenerated into a species of gaming; men venturing their all, in hopes of a lucky hit to elevate them above their neighbours. And did they only venture their own, the cafe would not be deplorable: they venture all they can procure upon credit; and by that means, reduce to beggary many an innocent family: with refpect to themselves, they know the worst, which is to be cleared from their debts by a certificate. The morals of our people are indeed at fo low an ebb, as to require the most severe laws against bankruptcy. When a man borrows a fum, it is implied in the covenant, that all his effects prefent and future shall lie open to the creditor; for which reason, it is contradictory to justice, that the creditor fhould be forced to discharge the debt without obtaining complete payment. Many debtors, it is true, deferve favour; but it ought to be left to the humanity of creditors, and not be forced from them by law. A debtor, at the same time, may be safely left to the humanity of his creditors: for if he have conducted his affairs with ftrict integrity and with any degree of prudence, there will fcarce be found one man fo hard-hearted, as to ftand out against the laudable and benevolent intentions of his fellow-creditors. Nay, if he have any regard to character, he dare not stand out: he would be held as a monster, and be abhorred by all the world. To leave a bankrupt thus to the mercy of his creditors, would produce the most falutary effects. It would excite men to be ftrictly just in their dealings, and put an end to gaming, so destructive to credit; because misbehaviour in any of these particulars would set the whole creditors against their debtor, and leave him no hope of favour. In the late bankrupt-statute for Scotland, accordingly, the claufe concerning the certificate was wifely left out, as unfuitable to the depraved manners of the present time. ruption. I give an illustrious inftance. Inftead of a tax upon trade or riches, every merchant puts privately into the public cheft, what he thinks ought to be his contribution: the total fum feldom falls fhort of expectation; and among that numerous body of men, not one is fufpected of contributing less than his proportion. But luxury has not yet got footing in that city. A climate not kindly and a foil not fertile, enured the Swifs to temperance and to virtue. Patriotism continues their ruling paffion: they are fond of ferving their country; and are honeft and faithful to each other: a law-fuit among them is a wonder; and a door is feldom fhut unless to keep out cold. The hurtful effects of the hoarding-appetite upon individuals, make no figure compared with what it has upon the public, in every ftate enriched by conqueft or by commerce; which I have had more than one opportunity to mention.Overflowing riches unequally distributed, multiply artificial wants beyond all bounds: they eradicate patriotifm: they fofter luxury, fenfuality, and felfishness, which are commonly gratified at the expence even of juftice and honour. The Athenians were early corrupted by opulence; to which every thing was made fubfervient. "It " is an oracle," fays the chorus in the Agamemnon of Efchylus," that is not purchafed "with money." During the infancy of a nation, vice prevails from imbecillity in the moral fense: in the decline of a nation, it prevails from the corruption of affluence. In a fmall state, there is commonly much virtue at home, and much violence abroad. The Romans were to their neighbours more baneful than famine or peftilence; but their patriotifm produced great integrity at home. An oath, when given to fortify an engagement with a fellow-citizen, was more facred at Rome than in any other part of the world (a). The cenforian office cannot fucceed but among a virtuous people; because its rewards and punishments have no influence but upon those who are afhamed of vice*. As foon as Afiatic opulence and luxury prevailed in Rome, felfishness, fenfuality, and avarice, formed the character of the Romans; and the cenforian power was at an end. Such relaxation of morals enfued, as to make a law neceffary, prohibiting the cuftody of an infant to be given to the heir, for fear of murder. And for the fame reafon, it was held unlawful to make a covenant de hereditate viventis. These regulations prove the Romans to have been grofsly corrupt. Our law is different in both articles; because it entertains not the fame bad opinion of the people whom it governs t. Domitius Enobarbus and Appius Pulcher were confuls of Rome in the 699th year; and Memmius and Calvinus were candidates for fucceeding them in that office. It was agreed among these four worthy gentlemen, that they should mutually affift each other. The confuls engaged to promote the election of Memmius and Calvinus: and they, on the other hand, fubfcribed a bond, obliging themselves, under a penalty of about L. 3000 Sterling, to procure (a) L'Efprit des loix, liv. 8. ch. 13. three * In the fifteenth century, the French clergy from the pulpit cenfured public tranfactions, and even the conduct of their king, as our British clergy did in the days of Charles I. and II. They affumed the privilege of a Roman cenfor; but they were not men of fuch authority as to do any good in a corrupted nation. In the beginning of the prefent century, attorneys and agents were fo little relied on for honefty and integrity, as to be difqualified by the court of feffion from being factors on the eftates of bankrupts. (Act of federunt 23d November 1710). At prefent, the factors chofen are commonly of that profeffion, writers or agents; and it appears from experience, that they make the best factors. Such improvement in morals in fo fhort a time, has not many parallels three augurs, who fhould atteft, that they were present in the comitia when a law paffed invefting the confuls with military command in their provinces; and alfo obliging themfelves to produce three perfons of confular rank, to depofe, that they were in the number of those who figned a decree, conferring on the confuls the ufual proconfular appointments. And yet the law made in the comitia, and the decree in the fenate, were pure fictions. Infamous as this tranfaction was, Memmius, to answer fome political purpose, was not afhamed to divulge it to the fenate. This fame Memmius, however, continued to be Cicero's correfpondent, and his profeffed friend. Prob tempora! prob mores! But the paffion for power and riches was at that time prevalent; and the principles of morality were very little regarded. It cannot be diffembled, that selfishness, fenfuality, and avarice, muft in England be the fruits of great opulence, as in every other country; and that morality cannot maintain its authority against fuch undermining antagonists. Cuftomhoufe-oaths have become fo familiar among us, as to be swallowed without a wry face; and is it certain, that bribery and perjury in electing parliament members, are not approaching to the fame cool ftate? In the infancy of morality, a promise makes but a flight impreffion: to give it force, it is commonly accompanied with many ceremonies (a); and in treaties between fovereigns, even these ceremonies are not relied on without a folemn oath. When morality arrives at maturity, the oath is thought unneceffary; and at prefent, morality is fo much on the decline, that a folemn oath is no more relied on, than a fimple promife was originally. Laws have been made to prevent fuch immorality, but in vain because none but pa See Hiftorical Law tracts, tract 2. triots |