No. 148. SATURDAY, AUGUST 17, 1751 Me pater sævis oneret catenis, Quod viro clemens misero peperci: Me vel extremis Numidarum in agros Classe releget. HOR. Lib. iii. Od. xi. 45. Me let my father load with chains, Or banish to Numidia's farthest plains! My crime, that I, a loyal wife, In kind compassion sav'd my husband's life. FRANCIS. POLITICIANS remark, that no oppression is so heavy or lasting as that which is inflicted by the perversion and exorbitance of legal authority. The robber may be seized, and the invader repelled, whenever they are found; they who pretend no right but that of force, may by force be punished or suppressed. But when plunder bears the name of impost, and murder is perpetrated by a judicial sentence, fortitude is intimidated, and wisdom confounded: resistance shrinks from an alliance with rebellion, and the villain remains secure in the robes of the magistrate. Equally dangerous and equally detestable are the cruelties often exercised in private families, under the venerable sanction of parental authority; the power which we are taught to honour from the first moments of reason; which is guarded from insult and violation by all that can impress awe upon the mind of man; and which therefore may wanton in cruelty without control, and trample the bounds of right with innumerable transgressions, before duty and piety will dare to seek redress, or think themselves at liberty to recur to any other means of deliverance than supplications by which insolence is elated, and tears by which cruelty is gratified. It was for a long time imagined by the Romans, that no son could be the murderer of his father; and they had therefore no punishment appropriated to parricide. They seem likewise to have believed with equal confidence, that no father could be cruel to his child; and therefore they allowed every man the supreme judicature in his own house, and put the lives of his offspring into his hands. But experience informed them by degrees, that they determined too hastily in favour of human nature; they found that instinct and habit were not able to contend with avarice or malice; that the nearest relation might be violated; and that power, to whomsoever intrusted, might be ill employed. They were therefore obliged to supply and to change their institutions; to deter the parricide by a new law, and to transfer capital punishments from the parent to the magistrate. There are indeed many houses which it is impossible to enter familiarly, without discovering that parents are by no means exempt from the intoxications of dominion; and that he who is in no danger of hearing remonstrances but from his own conscience, will seldom be long without the art of controling his convictions, and modifying justice by his own will. If in any situation the heart were inaccessible to malignity, it might be supposed to be sufficiently to sat iberty to recur to any other mican, thon sa,pheations by which in clence which cruelty is gratified. *ua · imagined by the Ro...ai ». be the murder of his nder tore no punishment appre, inte ey seem likewise to have beloved fidence, that no father could be c... d: and therefore they allowed every 1.5 di the su,reme judicature in his own house, and pad Ta bees of has offspring into his hands. but ex row row informed them by degrees, that tiny dehered too Fly in favour of hun t' found i biz. stinet and habit were not able to rive or malice; that the nearest be violated; and the power. † ngsted, might be ili exeploy- a. Phy obliged to supoty and today : to deter the parricide by a 1.. w ster capital punishments from th ingistrate. deed many houses which it is in, miliarly, without discovering th parens are by no means exempt from the Intexcations of dominion; and that he who is in no danger of hearing remonstrances but from his or a conscience, will seldom be long without the art c" controling his convictions, and modifying justice by his own will. If in any situation the heart were inaccessible to me ligni it might be supposed to be sufficient". |