NOTE NN. [xxi] 



as objecting to the mitigation of the punishment of death, be 

 cause it would endanger the whole nation. 



I was then much obliged to that Reverend Prelate, 

 John Morton, archbishop of Canterbury, cardinal and chan 

 cellor of England ; he was eminently skilled in the law, 

 had a vast understanding, and a prodigious memory. One 

 day when I was dining with him, there happened to be 

 at table one of the English lawyers, who took occasion 

 to run out in a high commendation of the severe exe 

 cution of justice upon thieves, who, he said, were then 

 hanged so fast, that there were sometimes twenty on one gib 

 bet ; and upon that he said, he could not wonder enough how 

 it came to pass, that since so few escaped, there were yet so 

 many thieves left, who were still robbing in all places. Upon 

 this, I who took the boldness to speak freely before the cardi 

 nal, said, there was no reason to wonder at the matter since 

 this way of punishing thieves, was neither just nor reasonable. 

 When I had stated all this, I added, that I did not see why such 

 a method ought not be followed with more advantage, than could 

 e er be expected from that severe justice which the counsellor 

 mao-nified so much. To this he answered, that it could never 

 take place in England, without endangering the whole nation. 

 And in the year 18! 3, the very same objection was made in 

 the House of Commons in England, on a motion to abolish that 

 part of the punishment for high treason : the Attorney-General 

 said it would endanger the constitution. What, said Mr. Pon- 

 sonby, will the removal of the necessity of cutting out the bowels 

 of an offender when he is alive endanger the constitution? 



NOTE NN. 

 An aversion to alter the laiv has in all places pervaded certain 



classes of this noble profession. 



The truth of this prediction of the attachment of professional 

 men io their respective sciences, may be found in the various 

 contests between the civilians and common lawyers ; where we 

 see scarcely any thing but the same eulogia upon the respective 

 systems in which they were respectively engaged. In one of 

 these works, entitled, &quot; The Law of Laws, or the Excellency of 



