And here I cannot but admire the wise Provision that is made by our Constitution for the Execution of these its most excellent Laws: The Supreme Governour, was she to attend upon the Administration of Justice daily from the rising up of the Sun unto the going down thereof, could not in her own Person hear, determine and give to every man what is Right amidst so great a People; or if she could, her distant subjects would find great difficulty in having recourse to the throne upon every occasion: Therefore that all may enjoy the benefit of the Law, which was intended for the benefit of all, Justice is in a manner brought home to every man's Door, and Subordinate Judges are appointed as constant Preservers of the Peace from the one corner of the Land unto the other. From whom as Guardians of their Rights the People in many cases may have immediate Redress of their wrongs, or be secur'd of Right by a more Publick Administration of Justice and Judgment.
For twice in the year Justice makes as it were a solemn Procession tho' the Land, and invites all the aggriev'd to come unto Her that they may have help, and condemns, or acquits all those whom the Inferior Judges above mentioned had reserv'd to this more open and solemn Judicature. This branch of our Constitution is very agreeable to what Jethro Moses's Father in Law advis'd and Moses approv'd, [Exod.18.21,22,24] Thou shalt provide, faith he, out of all the People able men, such as fear God, Men of Truth, hating covetousness, and place such over them, and let them judge the people at all seasons, and it shall be that every great matter they shall bring unto thee; but every small matter they shall judge; so shall it be easier for thy self, and they shall bear the burthen with thee: It is thus the Justices of the Peace refer the weightier matters to the determination of the Judges, and prepare the way at the Sessions for a more decisive Judgment at the Assizes.
A Judgment, that prevents a thousand mischiefs, where it punishes one: The Solemnity of it strikes a dread into many others besides the Prisoners at the Bar, and a Malefactor now and then executed according to Law makes many others afraid to offend, insomuch that they that are wickedly dispos'd, less dare thereupon to commit Iniquity to be punish'd by the Judges.
I am perswaded that through the Honourable and aweful Presence of you, My Lords, on these occasions, our Houses are more safe from fear all the year after, and there is at all times far less complaining in our Streets. It is not all the benefit we enjoy from these solemn Assemblies, that we see and hear of some few Grievances remov'd, or that here and there an honest man is reliev'd by Law, and the Spoil of the wicked pluck'd out of his Teeth. These visible advantages we justly take pleasure to behold; but the Invisible are infinite: for God only knows how many are kept from doing, or suffering injuries at all thro' the sense and power of the Law, tho' a sense that the Law will defend those whom any one dares to oppress, and that the Wickedness of the Wicked shall fall only on his own pate. So that upon the whole we may perceive with great satisfaction how from these Fountains of Justice, [Amos 5.24]Judgment runs down amongst us like waters, and Righteousness as a mighty stream: Psalm 72.3] the Mountains, they bring peace, and the little Hills Righteousness unto the People.
But, on the other hand, when the Law shall be so interpreted as to be made as it were a Felo de se; when a Prince, instead of dispensing the Laws in Equity, shall dispense with them at pleasure; Or shall appoint Judges to execute Justice, whose very Commission is an act of Injustice, and breach of the Law; Or shall put Magistrates into Office not that they may do justly, but that Satan-like they may turn unjust Accusers of their Brethren, and lay to their charge things that they know not Magistrates that shall make the very Law a Party thro' a partial administration of it; Such perverting of Justice, and under colour of Law robbing men of their Life, Goods, Good Name, or the like, is the worst use that can be made of it; this is using Law unlawfully, and making it an Instrument of the greatest Oppression.
And such Oppression is enough, as Solomon said, to make a Wise man mad: a Man that knows and considers the true value of Liberty, and the just and proper use of power, the obligations of those that are in Authority, and the natural and civil Rights of those that are under it, cannot bear with any Patience, they should be made a prey to their Fellow-Creatures, or be devoured by those who are of the same Kind with them. Such a view of things gave Solomon a fresh occasion to pronounce Vanity on things here below, Eccles.IV.1,2,3. I return'd, said he, and consider'd all the Oppressions that are done under the Sun, and behold the Tears of such as were oppressed and they had no Comforter; and on the side of their Oppressors there was power but they had no Comforter: wherefore I prais'd the Dead which are already Dead, more than the living which are yet alive; yea better is he than both they, which hath not yet been, who hath not seen the evil work that is done under the Sun.
I might mention, if I had time, how the Law may be us'd unlawfully in a more private respect, as when a Man goes to Law out of meer Vexation and Revenge, or with a design and purpose of doing wrong without any shadow of Right on his side, but only in hopes of wearying another out of his right, and that not by the preference of his cause but prevalency of his Wealth. This is in the worse sense to to oppress the Poor because he is Poor; and such over-bearing doings are intolerable, and the Doer of them in the eye of the Gospel if not of the law is a thief and a Robber.
However, tho' in these and many such like cases, the Law may thro' abuse become a great Grievance, (as the best things may be corrupted and thereby commence the worst) yet the just and regular use of it is and will be always a Blessing. And Happy are we who have such good and wholesome Laws on the one hand, and on the other such a Prince, who has no other thoughts but to govern according to them, and no other desire, than [Is.60.17,18] that her Officers may be Peace and her Exactors Righteousness; that Violence may no more be hear'd in our Land, Wasting nor destruction within our borders; but that our Walls may be salvation and our Gates Prase.
I come now in the last place to draw some Inferences from the whole and to conclude. And