on those events, all of which I have attentively confidered, and on the refult of those debates, at most of which I was prefent. Such expectations, if fuch have been formed, I should be very loth to disappoint; and, as I fhall express my fentiments without reserve, you will hear them, I am confident, with perfect candour.

None of you, I hope, will fufpect me of political zeal for any set of minifters in England, with which vice my mind has never been infected; nor of political attachments here, which in my ftation it will ever behove me to disclaim, if, in the character of a magiftrate appointed to preferve the public tranquillity, Icongratulate you, who are affembled to inquire into all violations of it, on the happy prospect of a general peace in every part of the world, with which our country is connected, The certain fruits of this pacification will be the revival and extension of commerce in all the dependencies of Britain, the improvement of agriculture and manufactures, the encouragement of industry and civil virtues, by which her revenues will be restored, and her navy strengthened, her fubjects enriched and herfelf exalted but it is to India, that the looks for the moft fplendid as well as most fubftantial of those advantages; nor can fhe be disappointed, as long as the fupreme executive and judicial

powers fhall concur in promoting the publick good, without danger of collifion or diminution of each other's dignity; without impediment, on the one fide, to the operations of government, or, on the other, to the due adminiftration of juftice.

The inftitution, gentlemen, of this court appears to have been misapprehended: it was not, I firmly believe, intended as a censure on any individuals, who exist, or have exifted. Legiflative provifions have not the individual for their object, but the species; and are not made for the convenience of the day, but for the regulation of ages. Whatever were the reafons for its first establishment, of which I may not be fo perfectly apprized, I will venture to affure you, that it has been continued for one obvious reafon; that an extenfive dominion, without a complete and independent judicature, would be a phenomenon, of which the hiftory of the world affords no example. Juftice must be administered with effect, or fociety cannot long fubfift. It is a truth coeval with human nature, and not peculiar to any age or country, that power in the hands of men will fometimes be abused, and ought always, if possible, to be restrained; but the restrictions of general laws imply no particular blame. How many precautions have from time to time been used to render judges and jurors impartial,

and to place them above dependence! Yet none of us conceive ourselves difgraced by fuch precautions. The object then of the court, thus continued with ample powers, though wifely circumfcribed in its jurisdiction, is plainly this: that, in every age, the British fubjects refident in India be protected, yet governed, by British laws; and that the natives of these important provinces be indulged in their own prejudices, civil and religious, and suffered to enjoy their own customs unmolefted; and why those great ends may not now be attained, confiftently with the regular collection of the revenues and the fupremacy of the executive government, I confefs myself unable to discover.

Another thing has been, if not greatly misconceived, at least very imperfectly understood; and no wonder, since it requires fome profeffional habits to comprehend it fully: I mean the true character and office of judges appointed to adminifter those laws. The use of law, as a science, is to prevent mere difcretionary power under the colour of equity; and it is the duty of a judge to pronounce his decifions, not simply according to his own opinion of justice and right, but according to prescribed rules. It must be hoped, that his own reafon generally approves thofe rules; but it is the judgement of the law, not his own, which he delivers. Were judges

to decide by their bare opinions of right and wrong, opinions always unknown, often capricious, fometimes improperly biaffed, to what an arbitrary tribunal would men be fubject! In how dreadful a state of flavery would they live! Let us be fatisfied, gentlemen, with law, which all, who please, may understand, and not call for equity in its popular fenfe, which differs in different men, and must at best be dark and uncertain.

The end of criminal law, a most important branch of the great juridical fyftem, is to prevent crimes by punishment, fo that the pain of it, as a fine writer expreffes himself, may be inflicted on a few, but the dread of it extended to all. In the administration of penal justice, a fevere burden is removed from our minds by the affiftance of juries; and it is my ardent wish, that the court had the fame relief in civil, especially commercial, caufes; for the decifion of which there cannot be a nobler tribunal than a jury of experienced men affifted by the learning of a judge. Thefe are my fentiments; and I exprefs them, not because they may be popular, but because I fincerely entertain them; for I afpire to no popularity, and feek no praise, but that which may be given to a ftrict and confcientious discharge of duty, without predilection 100) Cicero

or prejudice of any kind, and with a fixed refolution to pronounce on all occafions what I conceive to be the law, than which no individual must suppose himself wiser.

The mention of my duty, gentlemen, leads me naturally to the particular fubject of my charge, from which I have not, I hope, unreasonably deviated: but you are too well apprized of your duty to need very particular inftructions; and happily no higher offences (except one larceny) appear in the calendar

attention.

than fome criminal frauds and a few affaults: one of them, indeed, is ftated as very atrocious," and, if you confider that the frequency of small crimes becomes a ferious evil in fociety, you will not think the more trivial complaints unworthy of your Redrefs of wrongs must be given, or it will be taken; and the law wifely forbids the flighteft attack upon the perfon of a fubject, left far worse mischief should enfue from the fudden ebullition of rage, or the flower, but more dangerous, operation of revenge.

Your powers, however, are not limited to this calendar, or even to the bills which may be preferred; for, whatever else shall come to your knowledge, it will be your part to present, and ours to hear attentively: thus, by a cordial