The commissioners, therefore, wish rather to establish _fact_ upon
_proof_; but, if this is wanting, then upon circumstantial evidence; and
if this support fails, they chuse to finish a quarrel by a moderate,
though a random judgment.
Much honor is due to that judicial luminary, William Murray, Earl of
Mansfield, who presides over the King's-Bench, for introducing equity
into the courts of law, where she had long been a stranger.
The Court of Requests may justly be charged with weakness, and what
court may not? It is inseparable from man.
A person cannot chuse his capacity, but he may chuse to be a rogue; one
is an act of nature, the other of the will. The greater the temptation
to go astray, the greater must be the resolution to conquer it.
One of the suitors presented a commissioner with a couple of chickens,
as a powerful argument to strengthen a feeble case; but the commissioner
returned his present, and the plaintiff lost his cause; and no wonder,
he sent a chicken to plead it.
The defendant, by disobeying the orders of the court, falls under the
power of the plaintiff, who can cause execution to issue against his
goods, and reimburse himself; or, against his body, and confine him
forty days, unless paid his demand.
There is no cause that can be brought before the Court of Requests, but
may be brought before a higher court, and at a higher expence.
A cause passes through this court for seventeen-pence; and cannot well,
by chicanery or neglect, amount to more than two shillings and
nine-pence: So that ruin is not one of its imperfections.
Though law is said to produce quarrels among friends, yet the contending
parties often go out of that court better friends than when they
came in.
It has been objected, that the publicans give credit to the lower class,
in expectation of relief from the court. But the debtor is equally
apprized of the remedy, and often drinks deeper, in expectation of a
mild sentence from the commissioners; besides, is not all credit founded
on the laws of recovery?
It has also been urged, that while punishment pursues the debtor, for
neglect of orders, his family falls upon the community.
But the community would not wish to put a bar between a man and his
property--The precedent would be dangerous: Justice is no respector of
persons. A culprit will soon procure a family, if they are able to plead
his excuse: It would follow, that single men only would be obliged to be
honest. She does not save the criminal, because he is an handsome man.
If she did, beauty would increase in value; but honesty, seldom be its
companion.
But can accusation lie against a fair tribunal of rectitude? The man
does not exist that can quarrel with equity, and treat her as the
offspring of fraud---The most amiable character in the creation, and the
immediate representative of supreme excellence. She will be revered,
even by the sons of plunder!
Public-domain text, read in full here on John Shaqi.
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