never let him feek to push forward a favourite workman or fuperintendent, to the detriment of the public. In the nomination of overfeers of highways; in prefenting roads out of repair; in deciding on indictments; in directing which roads fhall be repaired firft; in raising affeffments on parishes for the purpose ; in exercifing the power of punishing or difmiffing furveyors for neglect of duty; let him impartially attend to the general benefit of the country. In the trial of offences against the Excise Laws, the Game Laws, and in a vast variety of other inftances, the Magiftrate is invefted with a power of summary conviction. It is the duty of the Legislature to confer this fufpicious and easily abused (k) prerogative with great caution ; it (*) Sir William Blackstone, speaking of the inftitution. of fummary proceedings, obferves, that it was "defigned "profeffedly for the greater eafe of the fubject, by doing "him fpeedy justice; and by not harafling the freeholders "with frequent and troublefome attendances to try every "minute offence. But it has of late been fo far extended "C as, if a check be not timely given, to threaten the disuse "of our admirable and truly English trial by Jury, unless only 4 it is the duty of the Magiftrate to exercise it, when conferred, in the moft difinterested and confcientious manner. Let him not seek to conciliate the favour of Government, by diftinguishing himself for unrelenting rigour in the chastisement of defrauders of the revenue. Let him not ftrain the words of an Act of Parliament to a meaning not intended by those who enacted it, in order to facilitate the conviction or add to the punishment of the "only in capital cafes." Vol. iv. p. 280. After stating in ftrong terms the dangers which might arife to public liberty from entrusting to Commiffioners of Excife, Juftices of the Peace, and other officers appointed and removeable at pleasure by the Crown, fuch formidable power over the property of the fubject; he particularly enumerates the inconveniences and evils which, in his opinion, have refulted from Juftices being now authorized to proceed fummarily in a multitude of cafes formerly tried by a Jury in the Court Leet. And his conclusion is, that " from these "ill confequences we may collect the prudent forefight of "our ancient law-givers, who fuffered neither the property "nor the punishment of the fubject to be determined by "the opinion of any one or two men; and we may also "obferve the neceflity of not deviating any farther from "our ancient Conftitution, by ordaining new penalties to "be inflicted upon fummary convictions." P. 282.-See alfo further remarks on the fame fubject, Blackstone, vol. iv. p. 350. poacher; poacher; an offender whom Country Gentlemen are disposed to regard with fingular abhorrence. Nor ever let him be biaffed, in his conftruction of the terms of a ftatute, to that interpretation which conveys the (1) greater fhare of power to himself. Such conduct would be no less criminal in him than it would be to excite an oppofition, or to concur in petitioning against a Bill pending in Parliament, on account of its leffening in fome particular cafes the authority which he now poffeffes; or not granting to him an additional portion adequate to the extent of his defires. The Justice of the Peace is conftituted a guardian in many refpects of public morality; (1) An inftance of a ftrong defire on the part of Magiftrates to grafp at exclufive and exorbitant jurisdiction is recorded and stigmatifed by Sir William Blackftone. Treating of fummary convictions, he obferves (vol. iv. p. 283), that "Courts of Common Law have thrown in one check upon them, by making it neceffary to fummon the party 66 accufed before he is condemned. This is now held to "be an indifpenfable requifite; though the Justices long "struggled the point, forgetting that rule of natural rea"fon expreffed by Seneca, "Qui ftatuit aliquid, parte inauditâ alterâ, and and is invested with a general power of enforcing the laws against profaneness, the breach of the fabbath, and other offences of the fame nature, wherever he witneffes or is properly apprized of their being tranfgreffed. The confidence which the Legislature has evinced, in committing to him this extenfive authority, should stimulate him not to neglect the truft. But let him not hope effectually to reform the morals of those whom he corrects, if he exhibits in his own conduct an example of irreligion and vice. Profane language from the mouth of a Magistrate is so flagrant an outrage against the laws of God and man, and fo grofs a violation of common decency, that it is scarcely poffible to cenfure it with adequate severity. The conduct of Conftables and other inferior Officers of the Police is fubject to the infpection of the Juftice under whofe direction they act; and he is authorized to take fit meafures for their punishment, if they neglect their duty. If they disobey the orders which they have received, or difregard those obligations which the nature of their respective functions impofes on them; if they turn G g loofe VOL. I. loofe on the public, vagrants whom they have been enjoined to forward to their places of fettlement; if they omit to take proper precautions when they have reafon to apprehend disturbances and riots, or ftrenuously to exert themselves when tumults actually arife; if they wilfully permit the efcape of perfons accufed, or connive at the impofitions of traders who make ufe of fraudulent weights and measures; on these and all other fimilar occafions the Magiftrate himself becomes an accomplice in the crime, and an abettor of the injury which the public may receive from future repetitions of it, if he forbears to chastise the guilty. In fome inftances the concurrence of two Juftices is neceffary to give validity to the meafures which are to be carried into execution. Hence Magiftrates frequently inftitute the practice of meeting each other once in a week, or at other periodical intervals, at an appointed place, where cafes of all kinds are brought before them from every part of the neighbourhood. They are thus enabled to tranfact a great quantity of business with the fmallest |