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And two other justices agreed with him. In the face of these dissenting opinions, there is no basis for the claim made by some members of the Court that something in the Constitution has compelled them regretfully to thwart the will of the people.
"Pasquotank County, September Court, &c. &c. 1777. "Present, the Worshipful Thomas Boyd, Timothy Hickson, John Paelin, Edmund Clancey, Joseph Reading, and Thomas Rees, Esqrs. Justices.
In some States, courts of probate and insolvency, and in all justices of the peace when holding court, are paid by such fees as they may receive, at statutory rates, for business done.
The absurdity of this doctrine of Coke is made more apparent by the fact that, at that time, the "justices" and other persons appointed by the king to hold courts were not only dependent upon the king for their offices, and removable at his pleasure, but that the usual custom was, not to appoint them with any view to permanency, but only to give them special commissions for trying a single cause, or for holding a single term of a court, or for making a single circuit; which, being done, their commissions expired.
Petersburg, and afterwards tried over again by another court of justices. Now I have paid my Lehrgeld, and go no more to law." "Then you must expose yourself to all kinds of extortion?" "Not so much as you might imagine. I have my own way of dispensing justice. When I catch a peasant's horse or cow in our fields, I lock it up and make the owner pay a ransom."
It is a little too much to expect the justices to do our work, though, by the Lord Harry, we often do theirs!" "What then?" asked Clifford, impatiently. The examination lasted all yesterday, and they were remanded till to-day, let's see, it is not yet noon; we may be there before it's over." "And this is what you call well!" said Clifford, angrily. "No, Captain, don't be glimflashy!
HONOR'D SIR, I entreat your acceptance of my most humble and hearty thanks for the kind and Christian advice you were pleased to tender me in relation to Connecticut.... I know that meekness and moderation is most agreeable to the mind of our blessed Saviour, Christ, who himself was meek and lowly, and would have all his followers to learn that lesson of him.... I have duly considered all these things, and have carried myself civilly and kindly to the Independent party, but they have ungratefully resented my love; yet I will further consider the obligations that my holy religion lays upon me, to forgive injuries and wrongs, and to return good for their evil.... I desired only a liberty of conscience might be allowed to the members of the National Church of England; which, notwithstanding, they seemed unwilling to grant, and left no means untried, both foul and fair, to prevent the settling the church among them; for one of their justices came to my lodging and forewarned me, at my peril, from preaching, telling me that I did an illegal thing in bringing in new ways among them; the people were likewise threatened with prison, and a forfeiture of L5 for coming to hear me.
Justices of the peace are elected in the several towns, cities, and villages, for two years. Amendments are to be approved by a majority of the whole of each house of two successive legislatures, and ratified by the people. Also the legislature may submit to the people the question of calling a convention to revise or change the constitution. Iowa.
But there is another ample and conclusive answer to the argument that justice would often fail to be done, if jurors were allowed to be governed by their own consciences, instead of the direction of the justices, in matters of law. That answer is this: Legitimate government can be formed only by the voluntary association of all who contribute to its support.
At length, being quite at the end of my money, and seeing no other help for it, I determined to listen to clerks no more, but force my way up to the Justices, and insist upon being heard by them, or discharged from my recognisance. For so they had termed the bond or deed which I had been forced to execute, in the presence of a chief clerk or notary, the very day after I came to London.
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