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  • Judges... are picked out from the most dextrous lawyers, who are grown old or lazy, and having been biased all their lives against truth or equity, are under such a fatal necessity of favoring fraud, perjury and oppression, that I have known several of them to refuse a large bribe from the side where justice lay, rather than injure the faculty by doing any thing unbecoming their nature in office.

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Judges... are picked out from the most dextrous lawyers, who are grown old or lazy, and having been biased all their lives against truth or equity, are under such a fatal necessity of favoring fraud, perjury and oppression, that I have known several of them to refuse a large bribe from the side where justice lay, rather than injure the faculty by doing any thing unbecoming their nature in office.

It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments.

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