of the teſtator, or ſometimes in diſcovering any meaning at all: ſo that in the end his eſtate may often be veſted quite contrary to theſe his enigmatical intentions, becauſe perhaps he has omitted one or two formal words, which are neceſſary to aſcertain the ſenſe with indiſputable legal preciſion, or has executed his will in the preſence of fewer witneſſes than the law requires.
But to proceed from private concerns to thoſe of a more public conſideration. All gentlemen of fortune are, in conſequence of their property, liable to be called upon to eſtabliſh the rights, to eſtimate the injuries, to weigh the accuſations, and ſometimes to diſpoſe of the lives of their fellow-ſubjects, by ſerving upon juries. In this ſituation they have frequently a right to decide, and that upon their oaths, queſtions of nice importance, in the ſolution of which ſome legal ſkill is requiſite; eſpecially where the law and the fact, as it often happens, are intimately blended together. And the general incapacity, even of our beſt juries, to do this with any tolerable propriety has greatly debaſed their authority; and has unavoidably thrown more power into the hands of the judges, to direct, control, and even reverſe their verdicts, than perhaps the conſtitution intended.
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
