tory of Britain, was a perfect copy of that system of government which he established at the creation of the world, for the government of all his works: and that it was a perfect copy of that system of government which he afterwards re-established in Israel, when David was called to the throne of that kingdom. It will also be shown, that the law by which that government was regulated, was the same as that which the Almighty himself promulgated from the top of Mount Sinai; and by that intuitive knowledge of right and wrong, which is wrote upon the consciences of all men who believe in him, by the finger of God himself. Every arbiter to whose determination any question is referred, is bound to this very day, to regulate his decision by that internal sense of right and wrong, which the Creator has imprinted upon his mind, being obliged to declare in the judgment which he prononnces, that he had at the time when he pronounced that judgment, God and a good conscience before his eyes. This knowledge of right and wrong, is clearly the law which every juryman at this day is bound to apply, in exery case upon which he is called to give judgment, being expressly bound by the oath which he swears, to give his verdict conformable to the impression

that the evidence which has been examined in the cause, has made upon his own conscience. This intuitive knowledge of right and wrong is clearly the law by which the legislature of this kingdom requires every Justice of the Peace in Scotland to regulate his judgment in every case which may come before him, under what is termed the small debt act, being there expressly required to give judgment conformable to equity and a good conscience. This intuitive know

ledge of right and wrong, is the law to which Moses alludes, when he says, "It is not in hea“ven that thou shouldst say, Who shall goe "for us to heaven, and bring it unto us, tfat

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we may hear it and do it. Neither is it be"yond the sea, that thou shouldst say, Who "will go over the sea for us, and bring it unto 66 us, that we may hear it and do it. But the "word is very nigh unto thee, in thy mouth, "and in thy heart, that thou mayest do it. Deut. xxx. 12, 13, 14.

It is unquestionable this intuitive knowledge of right and wrong, which our Saviour appeals to in that divine precept which he gave to mankind for the regulation of their conduct, ina which he says, "Whatsoever ye would that "men should do to you, do ye even so to them

"this is the law and the prophets." Mät. vii. 12. The foundation of this law is revealed unto us in the tenth commandment, which says, "Thou shalt not covet any thing which is thy "neighbour's." Every act of deceit, fraud, or injustice, of whatever kind it may be, and by whatever means it may have been accomplished, is clearly an overt-act of covetousness; and being an overt-act, it brings the person who is guilty of it, under bondage to the law, and the civil magistrate thereby acquires a power over him to punish him for his crimes, and to restrain his actions. This is unquestionably that sy tem of common law which ought to be observ ed in every nation upon earth, and by which all mankind are certainly bound to regulate their conduct in their common transactions with one another. This intuitive knowledge of right and wrong, is the law which is wrote upon the heart of every righteous judge, by the finger of God himself; and by which he is undoubtedly bound to regulate his judgment in every question of right and wrong, which is brought be fore him. And for his obedience or disobedience to this rule, which the Almighty has given him for the regulation of his conduct, he will most certainly be called to account, when he ap

pears before the judgment-seat of God, at the last day.

The general statute which the Almighty has given, by the hand of Moses, as the rule prescribed by him for the proper execution of that part of the law which is contained in the tenth commandment, and which every judge and magistrate who shall, in the course of his providence, be invested with power to execute the law, is unquestionably bound to observe, is as clear and comprehensive as the law itself. It is in these words:

"For all manner of trespass, whether it be "for ox, for ass, for sheep, for raiment, or for

any manner of lost thing, which another chal"lengeth to be his, the cause of both parties. "shall come before the judges; and whom the ແ judges shall condemn, he shall pay double unto "his neighbour.*"

More particular instructions for the proper execution of this part of the law, will be found in the passages quoted below. †

*Exodus xxii. 9.

+Exodus xxii. 5, 6, 7, 8, 10, 11, 12, 13, 14, 15. Lev. xix. 11, 12, 13, 14, 15, 16, 17, 18. Chap. xxv. 14. Deut. xix. 14. chap. xxv, 13, 14, 15, 16.

Y

The method of procedure to be observed in all the courts of justice, is also prescribed. The judges are forbid to judge upon any partial representation, or to condemn a man who is not present to make his defence. The cause of both parties must be brought before them; and after hearing their representations, they are ordained to enquire into the truth of them at the mouth of witnesses. But it is ordained, That "one "witness shall not rise up against any man for

any iniquity, or for any sin, in any sin that "he sinneth: at the mouth of two witnesses,

or at the mouth of three witnesses, shall the "matter be established.*"

For the determination of all questions arising out of the tenth commandment, when no witnesses can be obtained to prove the facts, the following statute is given:

"If a man shall deliver unto his neighbour,

an ass, or an ox, or a sheep, or any beast to keep, and it die, or be hurt, or driven away, no man seeing it: then shall an oath of the "Lord be between them both, that he hath not

put his hands to his neighbour's goods; and "the owner of it shall accept thereof, and he "shall not make it good. †"

Deut. xix. 16.

+Deut xix. 16.