

172 THE LIFE OF 



" being noxious, he might be ufefully and ho- 

 ** nourably employed. 



You areyourfelfa lawyer j you well remem- 

 ber your friend, my late brother ; you know 

 that no man had a clearer head, or a more 

 '' upright heart. He had, as Recorder of Briflol, 

 " a good deal of experience in the criminal law ; 

 '' and I verily believe a better criminal judge 

 *' never did exill. I have often heard him ex- 

 *^ patiate with no fmall indignation againft the 

 "'^ confufion which began to prevail in the cri- 

 " minal jurifprudence, by which the diflinclive 

 '* lines of offences were effaced, or at leafr ren- 

 ** deredmifchievoufly uncertain. The confufion 

 " of fraud with felony (a new practice) he held 

 *' to be highly pernicious j and for one I look 

 " upon it with horror. By this means men are 

 *• entrapped by the law itfelf. The lav/ ought 

 *' as religioufly to prevent one crime being pu- 

 "' niflied as another, as it ought to fave inno- 

 " cence from being puniflied at all. The law 

 *' itfelf getting into this crookednefs becomes 

 " the fwindler, and gets the blood of men under 

 " falfe pretences, much worfe is it than under 

 *' falfe pretences obtaining their money. 



** On this head, I will fay no more juft now- 

 than this, that when the law (if it be lav/ or 

 can be law) is fo very vicious; the mitigating 

 *' power of the Cjown, cannot be fo well em- 

 *' ployed as in preventing its having its worll 

 " effects. 



" I once 





