PHI LOS 0 P H Y . - Classic Works of Apologetics Online

Of the Administration of Justice. 379
which the appeals are brought, will be reduced to a
like con~istency \\Tith one another. lVloreover, if
questions arise between courts independent of each
other, concerning the extent and boundaries of their
respective jurisdiction, as each will be desirous of enlarging
its o\vn, an authority which both acknowl.
edge can alone adjust the COJltro\,"ersy. Such a pow ..
er, therefore, must reside somewhere, iest the rights
and repo\e of the country be distracted, by the end ..
less oppo~ition and ffil1tual encroachments of its courts
of just:ce.
/ There are two kinds of judicature; the one, where
the office of the judge is permanent in the same per-
. son, and consequently where the judge is appointed
and kno\\Tn long before the trial; the other, where
the judge is deternlined by lot at the time of the tria!,
and f(Jr tllat turl1 onI v. rrhe one nlav be called a
fixed, the other a caSltol judicature. / Fr;m the former
may be expected those qualifications, \,~hich are pr'eferred
and sought for in the choice of judges, and
that kno\vledge and readiness which }·esult f'roln experience
in the office. But then, as the judge is
known beforehand, he is accessible to "l]e p::trties ;(
(here exists a pos~ibility of secret managen1ent 3Ild.
undue practice,~ : or, in conte~ts bet\\7een t11e cro\vn
and the fubject, the judge ap))ointed by the cro\vn
may be suspected of partiality to 11is })atron ; or of
entertaining inclinations fivourable to the authority
froln 'whicll he derives his o\vn. rfhe advantage attending
the second kind ot judicature is indifferency ;\ '
the defect, the want of that legal science, which pro.
duces uniformity and justice in legal deci~ions. The\
construction of English courts of law, in which causes)
are tried by a jury with the assistance of a judge, com· )
bines the t\\70 species togetl1er \vitll peculiar success.!
l-'his adnlira111e contrivance llnites tIle \\'i~d()nl of a fixed
with the integrity of a casual judicature, and avoids,
in a great measure, the inconveniences of both ..
The judge imparts to the jury the benefit of his erudition
and experience; the jury, by the~r disinterest ..
e