J u s 



obferves an equality in dealing rewards and punifliments, ac- 

 cording to each man's condition and merit ; for as aftions 

 are either good or evil, for the good, rewards mull be 

 alTigned ; and for the evil, punilhments ; and herein a geo- 

 metrical proportion is obferved. Commutative ']\iihce fiiper- 

 intends the management and difpofal of fuch things as enter 

 into compacts and agreements ; or it is converfant in matters 

 of commerce, and in the equal coruniutation, or changing, 

 of tilings ; and proceeds according to aritlimetical cq'.iali'.y, 

 wi'.hout any regard to perfous and circumlhinccs. To 

 which we may add %.i/jnriicc, that v.hich relidcs in the 

 ftate, or morarch, by vi-hofc power and authority the e3ects 

 of commutative and dillribntivc jiidice are frequently fuper- 

 feded, or fufpended ; as in a dearth of corn, if a perfon 

 that has a ilock by him will not fell it, it fntil be -taken 

 from him ; and the like. 



Dr. More dii^ributes juftice into elbicjl, ecommkal, and 

 political; the firil ccnfiders all maiikind as on a level ; the 

 iecond regards thera as alfocintcd ir.to families under ih.e ffveral 

 rtlations of huftand and -.vite, parents and children, ma.'lers 

 and fervants ; and the third comprehends them as u;:iied into 

 1 I'Vic !':;;tjj, :.'-J Jjiiged to certain duties, cither as magif- 



.'ce, f;:y3 the civil law, arc thefe, 

 . . iilteruni non Ixdcre, fuuni cuique 



t.; ..:c!-c ;"' il'.f i,-., to live honellly, to injure no or.e, and 

 to render to all iheir due. The tvvo lail precepts belong to 

 ftria jullice, and thefe may accordingly furniili a dillinftion 

 of juftice into tiegativ: and p/itive. Negative j'.ulice denotes 

 every man's right to exemption from injurious aftions ; and 

 pofiiive juftice comprehends the performance of all thofe 

 aiftions, which by contradt, or any other way, arc due to 

 hira. Some diiiinguidi between " injuftitia" and " injuria." 

 Injuftice is oppofed to jullice in general, whether negative 

 orpofitive; an i- jury to negative jullice alone. A perfon 

 may be injured in his mind or fonl, his body, his name, 

 his relations, and his eftate. (See Injury.) Pofitive ]\i{\\ce 

 is the rendering to all their dues ; and things may be due 

 by a natural' or an acquired right. (See Right and Pro- 

 perty.) On the fubjett of this article, fee Grove's Syilem 

 of Moral Philofophy, vol. ii. and the authors to whom he 

 refers. 



Justice, Hand of. See H.\n-d. 



Justice, OJictrsof. SeeOrFKERs. 



JfSTiCE Poetical. See Poetical. 



JusTlTiAM, Temperamentitm ad. See Te.mi'EKAMENTUM. 



Justice, JuJIiliarius, is likewife an officer appointed by 

 the king or commonwealth, to do right by way of judg- 

 ment. . . 



He is called ju^if^, not judge; anciently /-//^/V/a, not jujl:- 

 tiarius, becaufe he ha.T his authority by deputation, as dele- 

 gate to the king, and not^'arf magiflratus ; fo that he cannot 

 depute any other in his ftead, the juftice of the foreft only 

 exceoted. 



OJF thefe juftiees we have various kinds in England ; -viz.^ 



Justice oJ the King's B.nch, Chief, is the capital juilice of 

 Great Britain, and is a lord by his ofilce. His bufmefs is 

 chiefly to hear a;;d determine all plea-i of the crown ; that is, 

 fuch as concern offences againft the crown, dignity, and 

 peace of the king ; as trcafons, felonies, ficc. 



This officer was formerly not only chief juftice, but alfo 

 chief baron of the exchequer, and niafter of the court of 

 wards. He ufually fat in the king's pa'ace, and there exe- 

 cuted that office, formerly performed /f/- fflM/Vf/n /«/«"'/ he 

 d.tcrmincd in that palace all the diff'erenccs happening be- 

 tween the barons and other great men. 



I L- had the prerogative of being vicegerent of the king- 



J V s 



dom, whenever the king went beyond fea^ and was ufnally 

 chofen to that office out of the ])rime nobility ; but his 

 power was reduced by king Richard I. and king Edward I. 

 His office is now divided, and his title changed froin capi- 

 talis yfiig/ia jii/litiaritii, to cnpitalis jujlitiarius ad placila. coram 

 rege tenenda, ov capituHs jujiiliarius ianci regii. See CoUKT of 

 ting's bench. 



Justice of the Common Pleas, Chief, he who, with his af- 

 fiftants, hears and determines all caul'es at the com:non law, 

 that is to fay, all civil caufes, between common prrfons, as 

 well perfonal as real ; and he is alfo a lord by his office. 

 See Court of Common Pleas. 



Justice of the Forefl, is a lord by his office, who has 

 power and authority to determine offences committed in the 

 king's forefts, &c. which arc not to bo determined by any 

 other court, or jullice. 



Of thefe there are two ; whereof one has jurifdiclion over 

 all the forefts on this fide Trent, and the other beyond it. 



By many ancient records, it appears to be a place of 

 great honour and authority, and is never bellowed but on 

 ibme perfon of great diftinftion. The court v.'hcrc this 

 jullice fits, is called t\\e juflice feat of the forefl, held once 

 every three years, of which 40 days' notice ought to be given, 

 for hearing and determining all trefpaftes within the foreft, 

 and all claims of franchifes, liberties, and privileges, and all 

 pleas and caufes whatfoevcr therein arifing, (4 Inft. 291.)- 

 This court may fine ?.vA iniprifon for offences within the 

 foreft (4 Inil. 313.), it being a court of record; and 

 therefore a writ of error lies from hence to the court of 

 king's bench. The lail court of juftice feat of any note 

 was that held in the reign of Charles I. before the eail of 

 Holland. After the Reftoration another was held, for 

 form fake, before the earl of Oxford ; but fince the Revo- 

 lution in 1688, the foreft laws have fallen into total difufe, 

 to the great advantage of the fubjeft. 



This is the only juftice who may appoint a deputy : he is 

 z\{o caWedjuficein eyre of l/.efore/l. 



Justices of AJffze, were fuch as were wont, by fpecial 

 commiffion, to be fent into this or that county, to take 

 affifes, for the eafe of the fubjeifts. 



For whereas thefe acliens pafs always by jury, fo many 

 men might not, without great damage and charge, be 

 brought up to London ; and therefore juftiees, for this 

 purpofe, by commiflions particularly authorized, were fent 

 down to them. 



Thefe continue to pafs the circuit, by two and two, 

 twice every year, through all England, except the four 

 northern counties, v.here they go only once, difpatching 

 their feveral bufineffes by feveral commiffions ; for they have 

 one commiffion to take affifes, another to deliver gaols, and 

 another of oyer and terminer. In London and Middlefex 

 a court of general gaol-delivery is held eight times in the 

 year. 



All the juftiees of peace of any county wherein the 

 affifes are held, are bound by law to attend them, or elfe 

 are liable to a fine, in order to return recognizances, 5cc. 

 and to affift the judges in fuch matters as lie within their 

 knowledge and jurifdidion, and in which fome of them have 

 been probably concerned, by way of previous examination. 

 See A.SSISES and Jury. 



Justices in Eyre, jufliciarii ilinerantes, or erranles, were 

 thofe who were anciently iVnt with commiffion into divers 

 counties, to hear fuch caufos efpecially as were termed /Aw 

 of the croiun ; and that for the cafe of the fiibjeCt, who 

 muft elfe have been hurried to the courts of WellminlUr 

 if the canfe were too high for the county courts. 

 According to fo.iic, thefe juftiees were fent once m fevea- 



years J 



