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

Of the AdminiJtration if Justice. :381
~hc neighbourhood of the partie., the cause is often
prejudged: and these secret decisions of the mind
proceed commonly more upon sentiments of favour
or hatred; upon some opinion concerning the ~ect,
family, profession. character, connexions~ or circum ..
stances of the parties, than upon any kIlowledg~ or
di~cussion of the proper merits of tIle question.
More exact justice would, in nlany instances, be rendered
to the suitors, if the dererluination were left
entirely to the judges; provided we could depei:d
upon the same purity of conduct, when the power of
these magistrates was enlarged, which they have long
manifested in the exercise of a mixed and restrained
authority. But this is an experiment too big with
public danger to be hazarded. The effects, however,
of some local prejudices might be safely obviated, by
a law empowering the court, in whkh the action is'J
brought, to send the ~ause to trial in a dis~ant county ~
the expenses attendmg tbe (bange of p!ace, always'
falling upon the party who applied for it.
r There is a second division of courts of jU$tice,
\vhich preSfllts a new alternati,'e of difficulties.
Either one, two, or a few sovereign courts may be
. erected in the metropolis, for the whole kingdom to
resort to ; or courts of local ju'ri~diction may be fixed
in various provinces and di~trict5 of the empirel
Great, :t~ough opposite, inC(inVeniences attend eacll
arrangemeli.t. If the ccurt be retDote aIld solemn,
it becomes, by these verj· qualities, expell~ive arld dilatory
: the expense is una,ioidablv increased when
• , .I
WiuH.:sses, partie~; and agents must be blought to attend
from distant parts of the country: and, where
the whole judicial business of a large nation is co!.··
leeted ir~·to.· a.· few superior tribunab, it will be found
llllPQssible, . even if the prc}lixity of forms \\ihich rciarJs
the progress of causes were removed, to give a
pronlI)t,11earillg to every c()InF,laillt, or an illlmcdiate
answer" to any. On the other h~illd; if to remedy
the:se "e\'il~,
and to render the admini:.tlation of jusrice
cheap and sp~cd y, d()l\:cs~ic anJ summ:1rY tri .. 1
htl.!l~i.; tw rrect('d Itt l'ach n('lghboHrhood~ the Clch:ltl-