Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/24

8 of the tetator, or ometimes in dicovering any meaning at all: o that in the end his etate may often be veted quite contrary to thee his enigmatical intentions, becaue perhaps he has omitted one or two formal words, which are neceary to acertain the ene with indiputable legal preciion, or has executed his will in the preence of fewer witnees than the law requires.

to proceed from private concerns to thoe of a more public conideration. All gentlemen of fortune are, in conequence of their property, liable to be called upon to etablih the rights, to etimate the injuries, to weigh the accuations, and ometimes to dipoe of the lives of their fellow-ubjects, by erving upon juries. In this ituation they have frequently a right to decide, and that upon their oaths, quetions of nice importance, in the olution of which ome legal kill is requiite; epecially where the law and the fact, as it often happens, are intimately blended together. And the general incapacity, even of our bet juries, to do this with any tolerable propriety has greatly debaed their authority; and has unavoidably thrown more power into the hands of the judges, to direct, control, and even revere their verdicts, than perhaps the contitution intended.

it is not as a juror only that the Englih gentleman is called upon to determine quetions of right, and ditribute jutice to his fellow-ubjects: it is principally with this order of men that the commiion of the peace is filled. And here a very ample field is opened for a gentleman to exert his talents, by maintaining good order in his neighbourhood; by punihing the diolute and idle; by protecting the peaceable and indutrious; and, above all, by healing petty differences and preventing vexatious proecutions. But, in order to attain thee deirable ends, it is neceary that the magitrate hould undertand his buines; and have not only the will, but the power alo, (under which mut be included the knowlege) of adminitring legal and effectual jutice. Ele, when he has mitaken his authority, through paion, through ignorance, or aburdity, he will be the object of contempt