As ridiculous as this may seem, I have often considered some of the lower officers in our civil government to be disposed in this very manner. To begin, I think, as low as I well can, with the watchmen in our metropolis, who, being to guard our streets by night from thieves and robbers, an office which at least requires strength of body, are chosen out of those poor old decrepit people who are, from their want of bodily strength, rendered incapable of getting a livelihood by work. These men, armed only with a pole, which some of them are scarce able to lift, are to secure the persons and houses of his majesty's subjects from the attacks of gangs of young, bold, stout, desperate, and well-armed villains.
Quae non viribus istis
Munera conveniunt.
If the poor old fellows should run away from such enemies, no one I think can wonder, unless it be that they were able to make their escape.
The higher we proceed among our public officers and magistrates, the less defects of this kind will, perhaps, be observable. Mr. Thrasher, however, the justice before whom the prisoners above mentioned were now brought, had some few imperfections in his magistratical capacity. I own, I have been sometimes inclined to think that this office of a justice of peace requires some knowledge of the law: for this simple reason; because, in every case which comes before him, he is to judge and act according to law. Again, as these laws are contained in a great variety of books, the statutes which relate to the office of a justice of peace making of themselves at least two large volumes in folio; and that part of his jurisdiction which is founded on the common law being dispersed in above a hundred volumes, I cannot conceive how this knowledge should by acquired without reading; and yet certain it is, Mr. Thrasher never read one syllable of the matter.
This, perhaps, was a defect; but this was not all: for where mere ignorance is to decide a point between two litigants, it will always be an even chance whether it decides right or wrong: but sorry am I to say, right was often in a much worse situation than this, and wrong hath often had five hundred to one on his side before that magistrate; who, if he was ignorant of the law of England, was yet well versed in the laws of nature. He perfectly well understood that fundamental principle so strongly laid down in the institutes of the learned Rochefoucault, by which the duty of self-love is so strongly enforced, and every man is taught to consider himself as the centre of gravity, and to attract all things thither. To speak the truth plainly, the justice was never indifferent in a cause but when he could get nothing on either side.
Such was the justice to whose tremendous bar Mr. Gotobed the constable, on the day above mentioned, brought several delinquents, who, as we have said, had been apprehended by the watch for diverse outrages.
The first who came upon his trial was as bloody a spectre as ever the imagination of a murderer or a tragic poet conceived. This poor wretch was charged with a battery by a much stouter man than himself; indeed the accused person bore about him some evidence that he had been in an affray, his cloaths being very bloody, but certain open sluices on his own head sufficiently shewed whence all the scarlet stream had issued: whereas the accuser had not the least mark or appearance of any wound. The justice asked the defendant, What he meant by breaking the king's peace?----To which he answered----'Upon my shoul I do love the king very well, and I have not been after breaking anything of his that I do know; but upon my shoul this man hath brake my head, and my head did brake his stick; that is all, gra.' He then offered to produce several witnesses against this improbable accusation; but the justice presently interrupted him, saying, 'Sirrah, your tongue betrays your guilt. You are an Irishman, and that is always sufficient evidence with me.'
The second criminal was a poor woman, who was taken up by the watch as a street-walker. It was alleged against her that she was found walking the streets after twelve o'clock, and the watchman declared he believed her to be a common strumpet. She pleaded in her defence (as was really the truth) that she was a servant, and was sent by her mistress, who was a little shopkeeper and upon the point of delivery, to fetch a midwife; which she offered to prove by several of the neighbours, if she was allowed to send for them. The justice asked her why she had not done it before? to which she answered, she had no money, and could get no messenger. The justice then called her several scurrilous names, and, declaring she was guilty within the statute of street-walking, ordered her to Bridewell for a month.
A genteel young man and woman were then set forward, and a very grave- looking person swore he caught them in a situation which we cannot as particularly describe here as he did before the magistrate; who, having received a wink from his clerk, declared with much warmth that the fact was incredible and impossible. He presently discharged the accused parties, and was going, without any evidence, to commit the
