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so that she die is death by Exodus； xxi。 22； 23； and Pseud。 Alfr。 18；
but by the laws of Alfred ix。； pays a Weregild for both woman and
child。 To smite out an eye； or a tooth； Exod。 xxi。 24…27。 Pseud。
Alfr。 19； 20； if of a servant by his master； is freedom to the
servant； in every other case retaliation。 But by Alfr。 Le。 xl。 a
fixed indemnification is paid。 Theft of an ox； or a sheep； by the
Jewish law； Exod。 xxii。 1； was repaid five…fold for the ox and
four…fold for the sheep； by the Pseudograph 24； the ox double； the
sheep four…fold； but by Alfred Le。 xvi。； he who stole a cow and a
calf was to repay the worth of the cow and 401 for the calf。 Goring
by an ox was the death of the ox； and the flesh not to be eaten。
Exod。 xxi。 28。 Pseud。 Alfr。 21 by Alfred Le。 xxiv。； the wounded
person had the ox。 The Pseudograph makes municipal laws of the ten
commandments； 1…10； regulates concubinage； 12； makes it death to
strike or to curse father or mother； 14； 15； gives an eye for an eye；
tooth for a tooth； hand for hand； foot for foot； burning for burning；
wound for wound； strife for strife； 19； sells the thief to repay his
theft； 24； obliges the fornicator to marry the woman he has lain
with； 29； forbids interest on money； 35； makes the laws of bailment；
28； very different from what Lord Holt delivers in Coggs _v_。
Bernard； ante 92； and what Sir William Jones tells us they were； and
punishes witchcraft with death； 30； which Sir Matthew Hale； 1 H。 P。
C。 B。 1； ch。 33； declares was not a felony before the Stat。 1； Jac。
12。 It was under that statute； and not this forgery； that he hung
Rose Cullendar and Amy Duny； 16 Car。 2； （1662；） on whose trial he
declared 〃that there were such creatures as witches he made no doubt
at all； for first the Scripture had affirmed so much； secondly the
wisdom of all nations had provided laws against such persons； and
such hath been the judgment of this kingdom； as appears by that act
of Parliament which hath provided punishment proportionable to the
quality of the offence。〃 And we must certainly allow greater weight
to this position that 〃it was no felony till James' Statute；〃 laid
down deliberately in his H。 P。 C。； a work which he wrote to be
printed； finished； and transcribed for the press in his life time；
than to the hasty scripture that 〃at _common law_ witchcraft was
punished with death as heresy； by writ de Heretico Comburendo〃 in his
Methodical Summary of the P。 C。 p。 6； a work 〃not intended for the
press； not fitted for it； and which he declared himself he had never
read over since it was written；〃 Pref。 Unless we understand his
meaning in that to be that witchcraft could not be punished at common
law as witchcraft； but as heresy。 In either sense； however； it is a
denial of this pretended law of Alfred。 Now； all men of reading know
that these pretended laws of homicide； concubinage； theft；
retaliation； compulsory marriage； usury； bailment； and others which
might have been cited； from the Pseudograph； were never the laws of
England； not even in Alfred's time； and of course that it is a
forgery。 Yet palpable as it must be to every lawyer； the English
judges have piously avoided lifting the veil under which it was
shrouded。 In truth； the alliance between Church and State in England
has ever made their judges accomplices in the frauds of the clergy；
and even bolder than they are。 For instead of being contented with
these four surreptitious chapters of Exodus； they have taken the
whole leap； and declared at once that the whole Bible and Testament
in a lump； make a part of the common law； ante 873： the first
judicial declaration of which was by this same Sir Matthew Hale。 And
thus they incorporate into the English code laws made for the Jews
alone； and the precepts of the gospel； intended by their benevolent
author as obligatory only in _foro concientiae_； and they arm the
whole with the coercions of municipal law。 In doing this； too； they
have not even used the Connecticut caution of declaring； as is done
in their blue laws； that the laws of God shall be the laws of their
land； except where their own contradict them； but they swallow the
yea and nay together。 Finally； in answer to Fortescue Aland's
question why the ten commandments should not now be a part of the
common law of England？ we may say they are not because they never
were made so by legislative authority； the document which has imposed
that doubt on him being a manifest forgery。
CLASSIFICATION IN NATURAL HISTORY
_To Dr。 John Manners_
_Monticello； February 22； 1814_
SIR； The opinion which； in your letter of January 24； you
are pleased to ask of me； on the comparative merits of the different
methods of classification adopted by different writers on Natural
History； is one which I could not have given satisfactorily； even at
the earlier period at which the subject was more familiar； still
less； after a life of continued occupation in civil concerns has so
much withdrawn me from studies of that kind。 I can； therefore；
answer but in a very general way。 And the text of this answer will
be found in an observation in your letter； where； speaking of
nosological systems； you say that disease has been found to be an
unit。 Nature has； in truth； produced units only through all her
works。 Classes； orders； genera； species； are not of her work。 Her
creation is of individuals。 No two animals are exactly alike； no two
plants； nor even two leaves or blades of grass； no two
crystallizations。 And if we may venture from what is within the
cognizance of such organs as ours； to conclude on that beyond their
powers； we must believe that no two particles of matter are of exact
resemblance。 This infinitude of units or individuals being far
beyond the capacity of our memory； we are obliged； in aid of that； to
distribute them into masses； throwing into each of these all the
individuals which have a certain degree of resemblance； to subdivide
these again into smaller groups； according to certain points of
dissimilitude observable in them； and so on until we have formed what
we call a system of classes； orders； genera and species。 In doing
this； we fix arbitrarily on such characteristic resemblances and
differences as seem to us most prominent and invariable in the
several subjects； and most likely to take a strong hold in our
memories。 Thus Ray formed one classification on such lines of
division as struck him most favorably； Klein adopted another； Brisson
a third； and other naturalists other designations； till Linnaeus
appeared。 Fortunately for science； he conceived in the three
kingdoms of nature； modes of classification which obtained the
approbation of the learned of all nations。 His system was
accordingly adopted by all； and united all in a general language。 It
offered the three great desiderata： First； of aiding the memory to
retain a knowledge of the productions of nature。 Secon