Mr. Bickerstaff, after having received the compliments on his right hand, cast his eye upon the left, where the whole female jury paid their respects by a low courtesy, and by laying their hands upon their mouths. Their forewoman was a professed Platonist,[197] that had spent much of her time in exhorting the sex to set a just value upon their persons, and to make the men know themselves.
There followed a profound silence, when at length, after some recollection, the censor, who continued hitherto uncovered, put on his hat with great dignity; and after having composed the brims of it in a manner suitable to the gravity of his character, he gave the following charge, which was received with silence and attention, that being the only applause which he admits of, or is ever given in his presence:
"The nature of my office, and the solemnity of this occasion, requiring that I should open my first session with a speech, I shall cast what I have to say under two principal heads.
"Under the first, I shall endeavour to show the necessity and usefulness of this new-erected court; and under the second, I shall give a word of advice and instruction to every constituent part of it.
"As for the first, it is well observed by Phædrus, a heathen poet:
Nisi utile est quod facimus, frustra est gloria.[198]
Which is the same, ladies, as if I should say, It would be of no reputation for me to be president of a court which is of no benefit to the public. Now the advantages that may arise to the weal-public from this institution will more plainly appear, if we consider what it suffers for the want of it. Are not our streets daily filled with wild pieces of justice and random penalties? Are not crimes undetermined, and reparations disproportioned? How often have we seen the lie punished by death, and the liar himself deciding his own cause? nay, not only acting the judge, but the executioner? Have we not known a box on the ear more severely accounted for than manslaughter? In these extra-judicial proceedings of mankind, an unmannerly jest is frequently as capital as a premeditated murder.
"But the most pernicious circumstance in this case is, that the man who suffers the injury must put himself upon the same foot of danger with him that gave it, before he can have his just revenge; so that the punishment is altogether accidental, and may fall as well upon the innocent as the guilty.
"I shall only mention a case which happens frequently among the more polite nations of the world, and which I the rather mention, because both sexes are concerned in it, and which therefore you gentlemen and you ladies of the jury will the rather take notice of; I mean that great and known case of cuckoldom. Supposing the person who has suffered insults in his dearer and better half; supposing, I say, this person should resent the injuries done to his tender wife, what is the reparation he may expect? Why, to be used worse than his poor lady, run through the body, and left breathless upon the bed of honour. What then will you on my right hand say must the man do that is affronted? Must our sides be elbowed, our shins broken? Must the wall, or perhaps our mistress, be taken from us? May a man knit his forehead into a frown, toss up his arm, or pish at what we say, and must the villain live after it? Is there no redress for injured honour? Yes, gentlemen, that is the design of the judicature we have here established.
"A Court of Conscience, we very well know, was first instituted for the determining of several points of property that were too little and trivial for the cognisance of higher courts of justice. In the same manner, our Court of Honour is appointed for the examination of several niceties and punctilios that do not pass for wrongs in the eye of our common laws. But notwithstanding no legislators of any nation have taken into consideration these little circumstances, they are such as often lead to crimes big enough for their inspection, though they come before them too late for their redress.