fider the nature of evidence, and its proper weight, can be of that opinion: I am fure you would be unwilling to determine a property of five fhillings upon fuch evidence as you now think material enough to overthrow the miracles of Chrift.

It may eafily be imagined that this opened a door to much difpute, and determined the converfation for the remainder of the evening to this fubject. The difpute ran through almost all the particulars mentioned in Woolfton's pieces; but the thread of it was broken by feveral digreffions, and the pursuit of things which were brought accidentally into the difcourfe. At length one of the company faid pleafantly, Gentlemen, you do not argue like lawyers: if I were judge in this caufe, I would hold you better to the point. The company took the hint, and cried, they should be glad to have the cause re-heard, and him to be the judge. The gentlemen, who had engaged with mettle and fpirit in a dispute which arose accidentally, feemed very unwilling to be drawn into a formal controversy: and especially the gentleman who argued against Woolfton, thought the matter grew too ferious for him, and excufed himself from undertaking a controverfy in religion, of all others the most momentous: but he was told, that the argument should be confined merely to the nature of the evidence, and that might be confidered without entering into any fuch controversy as he would avoid; and, to bring the matter within bounds, and under one view, the evidence of Chrift's refur. rection, and the exceptions taken to it, fhould be the only fubject of the conference. With much perfuafion he suffered himself to be perfuaded, and pro

mised to give the company, and their new made judge, a meeting that day fortnight. The judge and the reft of the company were for bringing on the cause a week sooner: but the counsel for Woolfton took the matter up, and faid, Confider, fir, the gentleman is not to argue out of Littleton, Plowden, or Coke, authors to him well known; but he must have his authorities from Matthew, Mark, Luke, and John; and a fortnight is time little enough of all confcience to gain a familiarity with a new acquaintance; and, turning to the gentleman, he faid, I will call upon you before the fortnight is out, to see how reverend an appearance you make behind Hammond on the New Testament, a concordance on one hand, and a folio Bible with references on the other. You fhall be welcome, fir, replied the gentleman; and perhaps you may find some company more to your own taste he is but a poor counsel who studies on one fide of the queftion only, and therefore I will have your friend Woolfton, T-1, and Cs, to entertain you when you do me the favour of the vifit. Upon this we parted in good humour, and all pleased with the appointment made, except the two gentlemen who were to provide the entertainment.

THE SECOND DAY.

The company met at the time appointed: but it happened in this, as in like cafes it often does, that fome friends to fome of the company, who were not of the party the first day, had got notice of the meeting; and the gentlemen who were to debate the queftion found they had a more numerous au

dience than they expected or defired. He efpecially who was to maintain the evidence of the Refurrection, began to excufe the neceffity he was under of disappointing their expectation, alleging, that he was not prepared; and he had perfifted in excufing himfelf, but that the ftrangers, who perceived what the cafe was, offered to withdraw, which the gentleman would by no means confent to: they infifting to go, he faid, he would much rather submit himself to their candour, unprepared as he was, than be guilty of fo much rudenefs, as to force them to leave the company. Upon which one of the company, fmiling, faid, It happens luckily that our number is increased when we were laft together, we appointed a judge, but we quite forgot a jury; and now, I think, we are good men and true, fufficient to make one. This thought was pursued in feveral allufions to legal proceedings, which created fome mirth, and had this good effect, that it difperfed the folemn air which the mutual compliments upon the difficulty before mentioned had introduced, and reftored the ease and good humour natural to the converfation of gentlemen.

The judge, perceiving the difpofition of the company, thought it a proper time to begin, and called out, Gentlemen of the jury, take your places; and immediately feated himself at the upper end of the table: the company fate round him, and the judge called upon the counsel for Woolfton to begin.

Mr. A. counfel for Woolfton, addreffing himself to the judge, faid,

May it please your Lordship; I conceive the gentleman on the other fide ought to begin, and lay his evidence, which he intends to maintain, before the

court: till that is done, it is to no purpose for me to object. I may perhaps object to fomething which he will not admit to be any part of his evidence; and therefore, I apprehend, the evidence ought in the first place to be diftinctly stated.

Judge. Mr. B. what say you to that?

Mr. B. counfel on the other fide:

My Lord, if the evidence I am to maintain were to support any new claim, if I were to gain any thing which I am not already poffeffed of, the gentleman would be in the right; but the evidence is old, and is matter of record, and I have been long in poffeffion of all that I claim under it. If the gentleman has any thing to fay to difpoffefs me, let him produce it; otherwise I have no reason to bring my own title into question. And this I take to be the known method of proceeding in fuch cafes; no man is obliged to produce his title to his poffeffion; it is fufficient if he maintains it when it is called in queftion.

Mr. A. Surely, my Lord, the gentleman mistakes the cafe: I can never admit myself to be out of poffeffion of my understanding and reafon; and fince he would put me out of this poffeffion, and compel me to admit things incredible, in virtue of the evidence he maintains, he ought to fet forth his claim, or leave the world to be directed by common sense.

Judge. Sir, you fay right; upon fuppofition that the truth of the Chriftian religion were the point in judgment. In that cafe it would be neceffary to produce the evidence for the Chriftian religion; but the matter now before the court is, whether the objections produced by Mr. Woolfton are of weight

to overthrow the evidence of Chrift's refurrection. You fee then the evidence of the refurrection is fupposed to be what it is on both fides, and the thing immediately in judgment is the value of the objections, and therefore they must be set forth. The court will be bound to take notice of the evidence, which is admitted as a fact on both parts. Go on Mr. A.

Mr. A. My Lord, I fubmit to the direction of the court. I cannot but obferve that the gentleman on the other fide, unwilling as he seems to be to ftate his evidence, did not forget to lay in his claim to prescription, which is, perhaps, in truth, though he has too much fkill to own it, the very ftrength of his caufe. I do allow that the gentleman maintains nothing but what his father and grandfather, and his ancestors, beyond time of man's memory, maintained before him I allow too, that prescription in many cafes makes a good title; but it must always be with this condition, that the thing is capable of being prescribed for: and I infist, that prescription cannot run against reafon and common fenfe. Cuftoms may be pleaded by prescription; but if, upon fhewing the cuftom, any thing unreasonable appears in it, the prescription fails; for length of time works nothing towards the establishing any thing that could never have a legal commencement. And if this objection will overthrow all prescriptions for customs, the mifchief of which extends perhaps to one poor village only, and affects them in no greater a concern than their right of common upon a ragged mountain, fhall it not much more prevail, when the interest of mankind is concerned, and in no leis a point than