et inclusa

are contradictory terms. Therefore extreme cases are not capable subjects of law

a priori

, but must proceed on knowledge of the past, and anticipation of the future, and the fulfilment of the anticipation is the proof, because the only possible determination, of the accuracy of the knowledge. In other words the agents may be condemned or honored according to their intentions, and the apparent source of their motives; so we honor Brutus, but the extreme case itself is tried by the event.


[Footnote 1:]

Relliquiæ Baxterianæ

: or Mr. Richard Baxter's Narrative of the most memorable passages of his life and times. Published from his manuscript, by Matthew Sylvester.—London,

folio

. 1699.