Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
BUT it is not as a juror only that the English gentleman is called
upon to determine questions of right, and distribute justice to his
fellow-subjects: it is principally with this order of men that the
commission 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 punishing the dissolute and idle; by
protecting the peaceable and industrious; and, above all, by healing
petty differences and preventing vexatious prosecutions. But, in order
to attain these desirable ends, it is necessary that the magistrate
should understand his business; and have not only the will, but the
power also, (under which must be included the knowlege) of
administring legal and effectual justice. Else, when he has mistaken
his authority, through passion, through ignorance, or absurdity, he
will be the object of contempt from his inferiors, and of censure
from those to whom he is accountable for his conduct.
YET farther; most gentlemen of considerable property, at some period
or other in their lives, are ambitious of representing their country
in parliament: and those, who are ambitious of receiving so high a
trust, would also do well to remember it's nature and importance. They
are not thus honourably distinguished from the rest of their
fellow-subjects, merely that they may privilege their persons, their
estates, or their domestics; that they may list under party banners;
may grant or with-hold supplies; may vote with or vote against a
popular or unpopular administration; but upon considerations far more
interesting and important. They are the guardians of the English
constitution; the makers, repealers, and interpreters of the English
laws; delegated to watch, to check, and to avert every dangerous
innovation, to propose, to adopt, and to cherish any solid and
well-weighed improvement; bound by every tie of nature, of honour, and
of religion, to transmit that constitution and those laws to their
posterity, amended if possible, at least without any derogation. And
how unbecoming must it appear in a member of the legislature to vote
for a new law, who is utterly ignorant of the old! what kind of
interpretation can he be enabled to give, who is a stranger to the
text upon which he comments!
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