38 COBBETT'S [No. 



very reign of Edward the First. So that, a hungry 

 man might have a pretty good belly-full in those days 

 without running the risk of punishment. Observe, by- 

 the-by, how time has hardened the law. We are told of 

 the dark ages, of the barbarous customs, of our fore- 

 fathers : and we have a SIR JAMES MACKINTOSH to 

 receive and to present petitions innumerable, from 

 the most tender hearted creatures in the world, about 

 " softening the criminal code ;" but, not a word do 

 they ever say about a softening of this law, which 

 now hangs a man for stealing the value of a RAB- 

 BIT, and which formerly did not hang him till he 

 stole the value of an OX ! -Curious enough, but still 

 more scandalous, that we should have the impudence 

 to talk of our humanity, and our civilization, and of 

 the barbarousness of our forefathers. But, if a part 

 of the ancient law remain, shall not the whole of it 

 remain ? If we hang the thief, still hang the thief 

 for stealing to the value of twelve pence ; though the 

 twelve pence now represents a rabbit instead of an 

 ox; if we still do this, would BLACKSTONE take away 

 the benefit of the ancient law from the starving man? 

 The passage that I have quoted is of such great im- 

 portance as to this question, that I think it necessary 

 to add, here, a copy of the original, which is in the 

 old Norman- French, of which I give the translation 

 above. " Sunt tenus burgessours trestous ceux, que 

 felonisement en temps de pees debrusent esglises 

 ou auter mesons, ou murs, ou portes de nos cytes, ou 

 de nos burghes ; hors pris enfauntz dedans age, et 

 poures, que, pur feyn, entret pur ascun vitaille de 

 meindre value q' de xii deners, et hors pris fous nastres, 

 et gens arrages, et autres que seuent nule felonie faire." 

 46. After this, lawyers, at any rate, will not attempt 

 to gainsay. If there should, however, remain any one 

 to affect to doubt of the soundness of this doctrine, let 

 them take the following from him who is always call- 

 ed the "pride of philosophy, "the "pride of English 

 learning," and whom the poet POPE calls " greatest 

 aad wisest of mankind." It is LORD BACON of whom 

 I am speaking. He was Lord High Chancellor in 



