who had compared "the figure" with the man; all concur to evince the genuineness of this ancient painting. Were we to confider the argument, without indulging prepoffeffion, or referring to connoiffeurs, the authenticity would be readily acknowledged by all judges of evidence, except indeed by thofe, "who al"low to poffibilities the influence of facts" (b). Yet, Mr. Malone perfeveres, in grappling to bis beart, with books of steel," the unauthenti"cated purchase of Mr. Keck, from the

dreffing-room of a modern actrefs:" For, it is a part of his philofophy to allow to poffibilities the influence of facts.

While the admirers of Shakspeare were worshiping the God of their idolatry, in Castlestreet, a new discovery of SHAKSPEARIANA was announced, in Norfolk-street. Curiosity

was again roufed; and once more gratified, in a greater, or a lefs, proportion; as zeal was fatisfied, or frigidity warmed. Whether Idolatry, and Credulity, be coufins in the first, or second, degree, must be left to the decision of thofe critics, "who have read Alexander Rofs "over." It is fufficient for me to maintain, that the rational believers navigated their northern bark, on this Argonautic expedition,

(b) See Mr. Steevens's Satisfactory Differtation, in the European Mag. October 1794, &c.

with fcientific fkill; fhunning the Charybdis of credulity, on the one quarter, and the Scylla of fufpicion, on the other.

To the inquifitive fearchers after truth, the great object of their voyage, there were produced title-deeds; written affurances, and receipts; letters of royal, and noble, personages; fignatures, and writings, of Shakspeare; and, with other documents, engravings of dramatic characters. In order to fatisfy themselves of the authenticity of thofe Shakspeariana, they applied to them, in forming their judgments, the fame rules of evidence, which direct the affairs of life; which govern in the diftribution of juftice; which comfort in the momentous concerns of religion. In these interefting objects, mankind act only on calculations of probability; difregarding poffibilities. From the never-failing recurrence of the seasons, men naturally expect the usual fucceffion of the fpring to the winter, of fummer to the spring, of autumn to the fummer, and of winter to the autumn, attended with their happy effects, in the accustomed order: Hence, mankind reasonably expect, that the events, which usually happen, will probably happen again: And, as recent difcoveries had fhewn, that fragments of Shakspeare, having lately been found, were likely again to be met with,

in the course of refearch; the inquirers after truth logically inferred, that they had difcovered, in thofe Shakspeariana, the objects of their fearch; believing, with Beattie," that things are, as our fenfes reprefent them" (i).

66

On these principles of common fense, which induce us, in matters of evidence, to trust to our hearing, feeing, touching, tafting, and smelling, men, women, and children, act in

daily life;" regarding probability; and difregarding poffibility. Never was any man prevented from buying a house; because it was objected, that it would, poffibly, fall; knowing, from the view thereof, that it would, probably, ftand, during the intended period of its duration. Never was any woman ftopped from gadding, in queft of pleasure, by an objection of the paffibility of meeting with misfortune; because the inferred, from the ready calculation of probabilities, that, having always returned fafe from fimilar excurfions, she should again return, without meeting with misfortune. Never was any child hindered from play, by warnings of danger; because he knew, from the probabilities of his boyish experience, that having often played, without harm, there was but little probability of harm. (i) Effay on Truth, 63.

It is, then, from this probability, the refult of experience, that mankind calculate, with intuitive promptitude, the probabilities of daily life; without troubling themselves with the poffibilities of accidental occurrences: And, therefore, the fearchers after truth calculated the probabilities of truth, or of falfehood, in favour of the Shakspeariana; knowing, that the poffibility of fraud was a weak objection, which proceeded either from prepoffeffion, or indifference, the great obftructers of free inquiry.

On thofe principles, our courts of justice adminifter right to contending parties. The judges, knowing, that controverfies could never be determined, if poffibility of error were admitted as an objection to the progress of justice, distribute law, and equity, from the probabilities of truth; and, when they have obliged the complainants to produce the best evidence, which the nature of the cafe will admit, and which is in the power of the party to give, proceed to a decifion, on a probable prefumption of right; being warned by experience, that demonftration feldom attends the administration of juftice, whatever any one may fee, with jaundiced eye, or apprehend, from perverted understanding. This was the

opinion

opinion of the Lord Chief Baron Gilbert, the great master of the law of evidence; though the public accufer has misrepresented his fentiments, by fuppreffing his context. With the leave of this court, I will transcribe into the note the whole (k) paffage; in order to

do

(*) The following paffage is transcribed from the fourth Edition of The Law of Evidence, corrected, p. 1.-5.

"The first thing," fays the Chief Baron Gilbert, "to « be treated of, is the evidence, that ought to be offered to "the jury, and by what rules of PROBABILITY it ought "to be weighed, and confidered.—In the first place, it has "been confidered by a very learned man (Mr. Locke)

that there are feveral degrees, from perfect certainty and "demonftration, quite down to improbability, and unlikelinefs, even to the confines of impoffibility; and there "are feveral acts of the mind proportioned to these de" grees of evidence, which may be called the degrees' "of affent, from full affurance, and confidence, quite "down to conjecture, doubt, diftruft, and disbelief."Now, what is to be done, in all trials of right, is "to range all matters in the fcale of PROBABILITY; so

as to lay moft weight, where the caufe ought to pre"ponderate; and thereby, to make the moft exact dif"cernment, that can be, in relation to the right."Now, to come to the true knowledge of the nature of "PROBABILITY, it is neceflary to look a little higher, "and to see what certainty is, and whence it arifes.

"All certainty is a clear and distinct perception, and "all clear and diftinct perceptions depend upon a man's "own proper fenfes: For, this, in the first place is cer"tain, and that, which we cannot doubt of, if we would,

"that'