United States or Cocos Islands ? Vote for the TOP Country of the Week !
In the first list of commissioners his name did not occur; but on the rejection of the ordinance by the upper house, the names of six lords were erased, and his name with those of five others was substituted. Commons. But where, he asked, were the Lords? Were the Commons the whole legislature? Were they free? Were they a court of judicature?
These absolute lords and proprietors were by their charter empowered to enact, and, under their seal, to publish any laws or constitutions they judged proper and necessary to the public state of the province, with the assent, advice and approbation of the freemen of the colony; to constitute counties, baronies and colonies within the province; to erect courts of judicature, and appoint civil judges, magistrates and officers; to erect forts, castles, cities and towns; to make war; to levy, muster and train men to the use of arms, and, in cases of necessity, to exercise the martial law; to confer titles of honour, only they must be different from those conferred on the people of England; to build harbours, make ports, and enjoy customs and subsidies, which they, with the consent of the freemen, should impose on goods loaded and unloaded; reserving the fourth part of the gold and silver ore found within the province to the crown.
Mitchel, besides maintaining that the privy council was no court of judicature, and that a confession before them was not judicial, asserted that he had been engaged to make that confession by a solemn promise of pardon. The four privy counsellors denied upon with that any such promise had ever been given.
So that upon the Lords sending to the Commons, as I am told, to have a conference for them to give their answer to the Commons's Reasons, the Commons did desire a free conference: but the Lords do deny it; and the reason is, that they hold not the Commons any Court, but that themselves only are a Court, and the Chief Court of judicature, and therefore are not to dispute the laws and method of their own Court with them that are none, and so will not submit so much as to have their power disputed.
The lawyers are to obtain their compensation in the new Church paper, which is to march with the new principles of judicature and legislature.
The articles indeed resemble more the incoherent altercations of a passionate enemy, than a serious accusation, fit to be discussed by a court of judicature; and Bristol himself was so ashamed of his conduct and defeat, that he absconded during some time.
When the Judicature and all the forces of Executive Government, except the direct command of troops, is in their hands, the laws passed by the Irish Parliament could be put in force in Ireland. The British Government could not intervene except by acts which would amount to open war between the two countries.
They slight their reprimands, and laugh at their precepts in short, they will be tried by their country alone; and that judicature is partial. Boileau. I will press this question no further. But let me ask you to which of our rival tragedians, Racine and Corneille, do you give the preference? Pope.
A people which had the most just laws, the purest and most efficient judicature, the most enlightened administration, the most equitable and least onerous system of finance, compatible with the stage it had attained in moral and intellectual advancement, would be in a fair way to pass rapidly into a higher stage.
This doctrine, which, when it prevails, tends to annihilate the benefit of trial by jury, and when it is rejected by juries, tends to weaken and disgrace the authority of the judge, is not a doctrine proper for an English judicature.
Word Of The Day