the Plea of Force was only the beſt Artifice they had to ſhelter themſelves under, in Caſe they ſhould be taken; and that they were leſs Rogues than others, only in Point of Time.
It may likewiſe be taken Notice of, that the Country, wherein they happened to be tried, is among other Happineſſes, exempted from Lawyers, and Law-Books, ſo that the Office of Regiſter, of neceſſity fell on one, not verſed in thoſe Affairs, which might juſtify the Court in want of Form, more eſſentially ſupply’d with Integrity and Impartiality.
But, perhaps, if there was leſs Law, there might be more Juſtice, than in ſome other Courts; for, if the civil Law be a Law of univerſal Reaſon, judging of the Rectitude, or Obliquity of Mens Actions, every Man of common Senſe is endued with a Portion of it, at leaſt ſufficient to make him diſtinguiſh Right from Wrong, or what the Civilians call, Malum in ſe.
Therefore, here, if two Perſons were equally Guilty of the ſame Fact, there was no convicting one, and bringing the other off, by any Quirk, or turn of Law; for they form’d their Judgments upon the Conſtraint, or Willingneſs, the Aim, and Intention of the Parties, and all other Circumſtances, which make a material Difference. Beſides, in Crimes of this Nature, Men bred up to the Sea, muſt be more knowing, and much abler, than others more learned in the Law; for, before a Man can have a right Idea of a Thing, he muſt know the Terns ſtanding for that Thing: The Sea-Terms being a Language by it ſelf, which no Lawyer can be ſuppoſed to underſtand, he muſt of Conſequence want that diſcriminating Faculty, which ſhould direct him to judge right of the Facts meant by thoſe Terms.
