Page:A general history of the pyrates, from their first rise and settlement in the Island of Providence, to the present time (1724).djvu/292

 the Plea of Force was only the bet Artifice they had to helter themelves under, in Cae they hould be taken; and that they were les Rogues than others, only in Point of Time.

It may likewie be taken Notice of, that the Country, wherein they happened to be tried, is among other Happinees, exempted from Lawyers, and Law-Books, o that the Office of Regiter, of neceity fell on one, not vered in thoe Affairs, which might jutify the Court in want of Form, more eentially upply’d with Integrity and Impartiality.

But, perhaps, if there was les Law, there might be more Jutice, than in ome other Courts; for, if the civil Law be a Law of univeral Reaon, judging of the Rectitude, or Obliquity of Mens Actions, every Man of common Sene is endued with a Portion of it, at leat ufficient to make him ditinguih Right from Wrong, or what the Civilians call, Malum in e.

Therefore, here, if two Perons were equally Guilty of the ame Fact, there was no convicting one, and bringing the other off, by any Quirk, or turn of Law; for they form’d their Judgments upon the Contraint, or Willingnes, the Aim, and Intention of the Parties, and all other Circumtances, which make a material Difference. Beides, in Crimes of this Nature, Men bred up to the Sea, mut be more knowing, and much abler, than others more learned in the Law; for, before a Man can have a right Idea of a Thing, he mut know the TernsTerms [sic] tanding for that Thing: The Sea-Terms being a Language by it elf, which no Lawyer can be uppoed to undertand, he mut of Conequence want that dicriminating Faculty, which hould direct him to judge right of the Facts meant by thoe Terms. The