44 
views of things might prefent themfelves 5 
and that pertinaci,y muit often have proved 
more injurious than a temporary difpo- 
fition to change. In the exereife of the 
magilterial functions, the fentence of juf- 
tice can feldom be expected to give fatif- 
faction to each of the parties who are the 
fubje&is of it. He who fuffers by the 
award, will be inclined to complain; and 
complaint, however unreafonable, may 
incite to condemnation. Sometimes, alfo, 
the decifion may be apparently rigorous 
and fevere ; and, by exceeding the moral 
turpitude of the offence, may ftand op- 
poied to the feeling of pity, and even to 
the fenie of equity, in the minds of unin- 
formed fpe&tators. On fuch occafions, 
hard is the lot of a judge, who is bound 
by his oath, and ftill more ftrongly by his 
duty to fociety, not to di/penfe with, but 
to execute the laws of bis country; and 
whatever be the ftruggle in his heart, 
every foft emotion is to be controuleg, 
He muft rife fuperior to prefent obloquy, 
and magnanimouily fulfil the facred obli- 
gations of h's office. 
The rejection of petitions for mercy to 
a condemned delinquent, er for the miti- 
gation of pains and penalties, which were 
not unfrequently pretented to Mr. Bayley, 
as Chairman of the Seffions, from well-in- 
tentioned, but nct well-judging perfons, 
expofed him to unmerited cenfure, and 
often to permanent refentment. To ren- 
der punifhments efhcacious in the cor- 
rection or prevention of crimes, they mutt 
be known to be inevitable; offences 
otherwife would be indefinitely miulti- 
plicd; for every offender might find ad- 
vocates to plead his caufe, either from in- 
tereft, or from motives of mifplaced hu- 
manity. When the magifirate, there- 
- Fore, has deliberately and conf{cientioufly 
apportioned the meafure of infliction to 
the atrocity of the guilt, or to the injury 
which it does to fociety, he ought to re- 
main inexorable. ‘At one of the Quarter 
Sceffions; a memorial was delivercd to the 
Chairmaa, in behalf of a conviét, who had 
a family and connections poficffing confi 
derable intereft in the town of Manchefter. 
Whxn it was offered, a part:cular figna- 
ture was pointed out, with an jntima- 
mation, that it muft carry with it irre- 
iifiible weight. ‘* I love and refpect, 
(faid Mr. Bayley, with fome degre of 
flernnefs and vehemence), the perion to 
whem you refer: but it is in the ordinary 
intercourfe of life. On the bench of jui- 
tice, I know neither friend nor enemy.” 
- His aufterity of deportment, on this oc- 
cahion, was very urreafonably cenfured. 
Memoirs of Mr. Girilla.. 
fAuc. I, 
For though the application might net be 
‘in itfelf improper, yet the manner in 
which it was. conduéted, implicated a 
charge, fufficient to excite refentment, 
that the Chairman was fubje€& to private 
influence. 
But why fhould the Biographer affume 
the language of apology, when there is 
fo little ground for reprehenfion, and fo 
much for applaufe? ‘The merits and 
eminent fervices of Mr. Bayley will be 
recorded with honour, and long remem- 
bered with gratitude. In the general 
fentiment of forrow for his death, his 
failings, which were only the frailties of 
human nature, are already forgotten.* 
Manchefier, Fuly rh, 1802. . 
MEMOIRS Of MR. CIRILLO, the NEAPOs 
LITAN BOTANIST.. 
OMINIC CIRILLO was born in 
Grumo, a village of Terra di Las 
word, in the neighbourhood of Naples, 
about the year 1730, and was deicended 
from a family of fome fortune and confi- 
deration in his native place, and already 
illuftrated by many learned men, the mott 
remarkable of whom was his own uncle 
and tutcr Nicholas Cirillo, primary pro- 
feflor of medicine in the univerfity of 
Naples, preident of the academy infti- 
tuted in that metropolis by the grand 
almoner, archbifhop Galiani, after the re- 
ftoration of the monarchy under the houfe 
of Bourbon, and author of the celebrated 
Confulti Medici, (Medical Confultations} 
which was regarded as a capital work in 
thofe times, and, notwithftanding the fub- 
fequent revolutions cf the medical fci- 
eT a ae 
* The preceding Memoir is copied ver- 
batim from one which has been printed at 
Manchefter, and diftributed among the nu- 
merous friends of the deceafed. We know 
that additions and reflections might readily be 
qpggeited, but we do not confider this as our 
tafk. We fhall only take the liberty of re- 
marking, that, under the head of Mr. Bayley’g 
ardour in promoting the interefts of litera- 
ture, it might have been mentioned, that 
he was one of the moft zealous fupporters of 
that liberal inftitution, The Warrington Aca~ 
demy, till its diffolution; and that, where 
his political condu& is touched -wpon, it 
would not have been lefs honourable to his 
memory to have noticed, that, with the 
other Whigs of the old {chool, he was long ac- 
tively engaged in plans of conftitutional re- 
form, and in oppofition to the meafures of an 
arbitrary miniftry,‘ than that he thought ig 
right, in a later period, to a¢t upon different 
principles.——Editor. * j 
ENCES, 
