diced in favour of some other religion, as if it were harder to excite a religious zeal than convince the understanding by dint of reason.

It is not improbable that these proposals may at first shock some of your prejudiced persons who have been bred up in the slavery of old errors, and a narrow way of thinking; however, I shall not think my pains ill bestowed, if my short sketches be approved of by those clear heads and free spirits, that have so often admired them in the great originals, from whence I have only copied them in miniature. The times seem to be pretty forward, though perhaps not quite ripe for the execution of such great designs; I must therefore expect to be treated as all public spirited projectors usually are, with envy and detraction. But I may comfort myself with this reflection, that I should never have undertaken to propose expedients for the reformation of the times, had I not thought them at the lowest ebb of virtue; and from such, who would hope for either candour or gratitude?

The vulgar may perhaps imagine, that the authors I have borrowed these proposals from, were enemies to Christianity, because they have laid designs to revive it, that are above the comprehension of plain and illiterate people. But I assure them, no canonized saint of the church could give higher encomiums of the truth and excellence of the Christian religion. Now to suspect them after this of a design to subvert Christianity would be most cruel and unchristian.

Our legislators, who have more discernment, it is hoped, will distinguish themselves from the populace, by entertaining none of their bigoted and superstitious apprehensions, and by judging with more freedom and refinement.

However, if none of the foregoing proposals should happen to be approved of, we hope our lawgivers will think of some other expedient more effectual for the revival of Christianity in these countries. There are several very good political reasons for it. First, as religion, which, in the divine poet Herbert's time,

Stood a tip-toes on our land,

Ready to fly to the American strand.

is now flown, so that those who have any regard to it will

be obliged to fly after it; our lawgivers would do well to use their utmost endeavours to have it revived among ourselves, to prevent the decrease of our people, and the wasting our estates. Would it not be absurd that our parliament, while they are with so much diligence concerting measures for raising sufficient quantities of hops, wheat, &c. by the cultivation of our own lands, in order to prevent the sending out our money to procure those commodities from abroad, should in the mean time take no care to revive and cultivate Christianity, which, if revived among us, might keep the inhabitants in the nation?

Christianity is of incomparable efficacy in rendering its professors regardless of riches, and the other good things of this world; nor does it less powerfully inspire patience under oppression and tribulation. A true Christian can resign himself to any kind of treatment, without murmuring; he can bear contempt and poverty without the smallest resentment at him who squeezes or plunders him. Now I humbly submit it, whether it is not extremely the interest of all who have estates, that such a religion be embraced by the lower kind of people.

A

DISSERTATION

ON

THE CONSTITUTION AND EFFECTS

OF

A PETTY JURY.

Mos erat antiquus, niveis atrisque lapillis,
His damnare reos, illis absolvere culpæ. OVID. METAM.

THERE is a sort of an ecclesiastical saying in every body's mouth; "The nearer the church, the farther from God.' Perhaps if this civil one were introduced, it would not be amiss; "The nearer the court, the farther from right.' It is a common observation, that there is no where more filching, and picking of pockets, than at the execution of a felon. For the truth of this we are to credit those who frequent such entertainments. But I can aver upon my own knowledge, that in no place more tricking and dishonesty is learned and practised, than in and near our courts of justice, as they are called; I do not mean that the jail, which generally makes a part of the court-house, is a seminary of thieves, and a kind of college where the arts of evading law, and escaping justice may be easily and cheaply learned by the dregs of the people. What I mean, is, that in the court itself, where the law is explained and causes tried, the wealthier kind of people are taught a more refined system of arts, by which property may be confounded in a creditable, and blood shed in an honourable way.

Having lived for these four or five years in an assize town, and having not only conversed a good deal with the people, but also attended at many trials of different kinds,

I have had frequent and flagrant opportunity of observing, that for one that obtains justice, a hundred are taught injustice at an assize. This I will not charge, as is generally done, on the periodical flight of powdered practitioners that circulate with our judges, and to make law the more necessary, endeavour to banish religion from among our country gentlemen, who, being obliged to take that matter upon authority, had rather trust to a lay-brother, than him that gets the tithes. Many of these people, it is true, who have learned to talk, do some hurt. They sap the only foundation of honesty, by undermining religion; and every body knows the less honesty the better for them.

The general decay of justice must be owing to some cause more powerful, and more nearly concerned in the administration of our laws. I am afraid the constitution of a petty jury is chiefly to be blamed for it. However,

whether it is or not, will perhaps better appear upon exa mination.

A petty jury consists of twelve men, who are obliged, upon oath, well and truly to try, and true deliverance make, of such causes as are brought before them. Their trial and deliverance is to be the result of the evidence produced by either or both parties in the debate. As soon as they have heard the witnesses examined, they are shut up in a close room, and one set to keep the door, who is sworn to suffer neither meat, drink, fire, nor candle to be carried in to them, nor any of them to go out thence, till they are ready to give a verdict, in which they must be unanimous to a man, or it is not decisive. If there is but one who dissents from the opinion of the rest, they are all confined under the aforesaid difficulties till he agrees, nor can they be set at liberty, till the judge is out of the county.

Such is the constitution of a petty jury, which, were it shewn to some one, who had never heard of a jury before, would probably appear a very unpromising instrument of justice. The necessity that the whole number should be unanimous, is the first thing that would shock him. Some cases indeed are made so plain by the evidence, that all mankind must agree about them; but there are infinitely more cases where the evidence is neither so clear nor full,

but that of six who attend to it, one or two would differ from the rest, at least till they had conferred. And it should seem no less improbable that conferring should reconcile them. Every one who is in the least acquainted with human nature, knows, that to persuade or convince is a very difficult undertaking, and that the difficulty is still incomparably greater, when the reasons, the opinions, the prejudices, and perhaps interests of one man are to be beat down, and those of another erected in their place. We see that in mere speculative disputes, the shame of a defeat, and thirst of victory are alone sufficient to make them endless.

It may be objected here, that the oath of a petty juror, and the sense of his duty will probably take off those biasses from his mind, and leave him at liberty to hear reason and to form a fair and candid judgment. He that knows mankind, knows the case to be otherwise in general. In most men, passion and interest are superior to principle, and govern without disguise. In many, they conceal themselves under a shew of reason, and so impose upon conscience. But in those few that are swayed by conscience, if their oath rids them of prejudices and attachments, it substitutes in the room of them such a scrupulous and timorous exactness as will make it very hard for them to be determined either by their own or other people's reasonings; insomuch that if we could suppose a jury of such, the case must be extremely clear in which they could agree. A man of candour frequently finds it difficult to decide a doubtful case within himself. If in one mind there is so much room for debate and doubt, what must there be among twelve, whose ways of thinking are at least as peculiar and individual as their faces?

How rare a thing is it to see a company of four or five agree about such points as happen to be debated among them? It is well if they can bring their various sentiments under but two opposite opinions. I speak this of companies made up of people upon an equality with one another. Even when the fortune or reputed understanding of one makes him a dictator to the rest, his opinion is only complimented with a seeming concurrence. But when a man is sensible that the property or life of his neighbour,