10 March 1807

Judicial Justice

Letter V

I. Shapes

1. Misdecision

In the Spiritual Courts and in the Admiralty Courts any more than in the Equity Courts is any such separation made between the question of law and the question of fact: nor any use made of the Jury trial.

But by means of the sort of correspondence which they are in the habit of keeping up with the Common Law Courts Equity Courts [do] occasionally give the suitor the benefit of the separation, together with the congenial benefit of Jury judicature.

Neither do the Spiritual Courts, nor the Admiralty Courts keep up any such correspondence.

If the sort of decomposition here in question, and with it the use of the Jury box, in the character of an appropriate instrument for operating it, be in Common Law causes always and in Equity causes ever and anon conducive to the ends of justice, why not in Spiritual causes and in Admiralty causes?

A question surely not inapposite. But a supposition tacitly involved in it is that in each of those Courts the system of procedure was in its origin regulated by a correct and comprehensive conception of, as well as an honest regard for, the ends of justice, instead of being a blindman's- buff scramble for power and profit, carried on blind fold in the dark ages: those eyes whose wisdom conveyed to them by intention, without the trouble of experience, is so often reclaimed as the fit model and standard of imitation for each successive and more and more experienced age. Wisdom of ages! wisdom of ages! - cries every lawyer, and mercenary placeman, who has an abuse to defend, and effrontery to defend it.