273 . Capt. Bartho. Roberts, 



the Plea of Force was only the beft Artifice they 

 had to flicker themfeives under, in Cafe they 

 Hiouldbe taken ^ and that they were lefs Rogues 

 than others, only in Point of Time. 



It may likewife bfe taken Notice of, that the 

 Country, wherein they happened to be tried, is 

 among other HappinefTes, exempted from Law- 

 yers, and Law-Books, fo that the Office ot Regi- 

 fter, of neceffity fell on one, not veifed in thole 

 Affairs, which might juftify the Court in want of 

 Form, more elfentially fupply'd with Integrity 

 and Impartiality. 



But, perhaps, if there was lefs Law, there might 

 be more Juftice, than in fome other Courts • for, 

 if the civil Law be a Law of umverfal Reafbn^ 

 judging of the Reftitude, or Obliquity of Mens 

 Actions, every Man of common Senle is endued 

 with a Portion of it, at leaft fufficient to make him 

 diftinguifli Right from Wrong, or what the Civili- 

 ' ans call. Malum in fe* 



Therefore, here, if two Perfbns were equally 

 Guilty of the fameFajS, there was no convifting 

 one, and bringing the other off, by any Quirk, or 

 turn of Law ^ for they formed their Judgments 

 upon the Conftraint, or Willingnefs, the Aim, and 

 Intention of the Parties, and all other Cireumftan- 

 ces, which make a material Difference. Befides, 

 in Grimesof this Nature, Men bred up to the Sea^^ 

 muft 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 muft know 

 th^ Terns ftanding for that Thing: The Sea- 

 Terms being a Language by it ftlf, which no Law- 

 yer can be fuppofed to underftand , he muft of 

 Gonfcquence want that difcriniinating Faculty, 

 ^ which fliould direft him to judge right pf the Fafts 

 ineant by thole Ter^ns. 



The 



