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116 things should be undertaken, and pursued with a a kind of warmth and passion, which can hardly be expected but from four or five men who make it their sole business. On the contrary in courts of judicature a certain coolness is requisite, and an indifference in some measure to all manner of affairs.

Magistracy of this kind cannot take place but in a despotic government. We have an instance in the Roman history how far a single magistrate may abuse his power. Might it not be very well expected that Appius on his tribunal should contemn the laws, after having violated the very law of his own enacting? Livy has given us the iniquitous distinction of the Decemvir. He had suborned a man to reclaim Virginia in his presence as his slave; Virginia's relations insisted that by virtue of his own law she should be consigned to them till the definitive judgment was passed. Upon which he declared that his law had been made only in favour of the father; and that as Virginius was absent, no application could be made of it to the present case.

N Rome it was lawful for one citizen to accuse another; this was according to the Rh