the "Proposal by Lord Bacon, for a new Digest of the Laws of England," he expressed the same anticipation and, in the Advancement of Learning, he says, "Lawyers write according to the states where they live, what is received law, and not what ought to be law; for the wisdom of a law-maker is one, and of a lawyer another."

In the presentation copy by Bacon, to Sir Edward Coke, of the "Novum Organum," there is written by the hand of Sir Edward, under the handwriting of Bacon

Auctori consilium

Instaurare paras veterum documenta sophorum
Instaura leges justitiamque prius;

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 cardinal, said, there was no reason to wonder at the matter, since this way of punishing thieves was neither just in itself, nor good for the public; for as the severity was too great, so the remedy was not effectual: simple theft not being so great a crime that it ought to cost a man his life.

"While I was talking thus, the counsellor who was present had prepared an answer, and had resolved to resume all I had said, according to the formality of a debate, in which things are generally repeated more faithfully than they are

And over the device of the ship passing between Hercules' pillars

It deserveth not to be read in schools,

But to be freighted in the ship of fools.

When the civilians were taunted with the use of the rack, they answered "To bring men to the rack in such cases for trials' sake is not to be censured for cruelty; Non ex sævitia, sed ex bonitate talia faciunt homines;"—and to the exertions made by Sir Samuel Romilly for the

answered; as if the chief trial to be made were of men's memories. You have talked prettily for a stranger,' said he, having heard of many things among us, which you have not been able to consider well: but I will make the whole matter plain to you, and will first repeat in order all that you have said; then I will show how much your ignorance of our affairs has misled you, and will in the last place answer all your arguments. And that I may begin where I promised, there were four things' Hold your peace,' said the cardinal, this will take up too much time; therefore we will at present ease you of the trouble of answering, and reserve it to our next meeting, which shall be to-morrow, if Raphael's affairs and yours can admit of it. But, Raphael,' said he to me, 'I would gladly know upon what reason it is that you think theft ought not to be punished by death?""

mitigation of sanguinary punishments, the lawyers were arrayed against him. When he proposed to abolish the punishment of death, for stealing a pocket handkerchief, the Commons of England consulted the Recorder and the Common Serjeant, who assured the house that such an innovation would endanger the whole criminal law of England; and, when the same excellent man afterwards proposed to abolish the disgusting and disgraceful punishment for high treason, the attorney-general of the day said, "Are the safeguards, the ancient landmarks, the bulwarks of the constitution, to be thus hastily removed?"*

This professional resistance by lawyers is passing away. Vigorous as their minds ever have been, and apt to suppose that all knowledge is centred in the law, they, in former times, were

*

"What!" said Mr. Ponsonby, "to throw the bowels of an offender into his face one of the safeguards of the British constitution? It is strange that this discovery has hitherto escaped the notice of the numerous authors upon the subject: I ought to confess, that until this night I was wholly ignorant of this bulwark, and al though it is supported by very strong evidence, the honourable and learned gentleman's own commendations of his own knowledge and virtues, he will permit me to express my doubt of the correctness of his conclusions."

fierce with dark keeping and strenuous opposers of reform but at this moment, although the bigoted lawyer, like the bigoted divine, wise in his own conceit, may resist reform, knowledge is so diffused that the lawyers of the present time, like the most intelligent lawyers of all times, are sensible of the defects in law and ready to assist in its improvement. Sir Thomas More, and Lord Bacon, Chancellors of England, were zealous for legal improvement, and each of them published a work upon an Imaginary Government: the Utopia and the New Atlantis. So too, in our own times, another work upon Imaginary Government, the Armata, was published by another Chancellor, Lord Erskine; and the most noble exertions were made by the intelligent Sir Samuel Romilly and have been made and will yet be made by Lord Brougham.

The same antipathy extends to all professions. Soon after the invention of steam-boats, "I hate the steam-boats," said one of the Greenwich pensioners, walking away in great dudgeon; "they are contrary to nature."-Can it be supposed for a moment, that the intelligence which now exists in the navy, would resist this or any improvement?

It appears, therefore, that individuals are intolerant in proportion to their ignorance.

As to whole countries intolerance and igno

rance are almost convertible terms. In Constantinople the people are more intolerant than in England, and they are more ignorant. In the year 1650, Lord Bacon's treatise, De Augmentis Scientiarum, was contained in the list "Librorum Prohibitorum" at Rome; the Italians were more intolerant than they now are, and they were more ignorant. It may probably at this moment be contained in the list of prohibited books at Madrid. In England two centuries ago, when, amidst the colleges at Oxford, Latimer, the pious Latimer, was burnt to death, the English were more intolerant than in the year 1800, and they were more ignorant.—In this land of charity and toleration there was a struggle for centuries to keep the Catholics in thraldom; but knowledge has advanced, and they are emancipated.There was a struggle for years to oppress protestant dissenters, and they were deprived of all privileges and capacities of other citizens; but knowledge has advanced, and the restraints upon them are removed. They may sit in parliament, and their children may practise as physicians or be admitted to the bar. We must, however, I suppose, have some mode of whetting our antipathies, and we now persecute the Jews; but knowledge is advancing, and this and all intolerance will cease. All men will soon be permitted, without any restraint, to exercise their religious opinions, and