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Updated: May 10, 2025
It remains to consider its office of adjudging statutes which come in conflict with their meaning, as thus determined, to be void. The Lords of Trade and Plantations exercised the power of enforcing its observance. They did in effect what, as the colonies passed into independent States with written Constitutions, naturally became the function of their own courts of last resort.
What he had heard set Tedaldo musing on the number and variety of the errors to which men are liable: as, first, how his brothers had mourned and interred a stranger in his stead, and then charged an innocent man upon false suspicion, and by false witness brought him into imminent peril of death: from which he passed to ponder the blind severity of laws and magistrates, who from misguided zeal to elicit the truth not unfrequently become ruthless, and, adjudging that which is false, forfeit the title which they claim of ministers of God and justice, and do but execute the mandates of iniquity and the Evil One.
"Thou makest no allowance, fisherman, for difference of years and for sinews that are in their vigor. Methinks that in adjudging such a prize, thought should be had to these matters, and then wouldest thou be found outstripping us all. Holy St. Theodore! I passed my childhood with the oar in hand, and never before have I met one in Venice who has driven my gondola so hard!
With regard to the nature of the constitutional changes effected, the same writer adds: "It appears to me most probable that the Areopagus retained the right of adjudging cases of homicide, and little besides of its ancient constitutional authority; that it lost altogether its most dangerous power in the indefinite police it had formerly exercised over the habits and morals of the people; that any control of the finances was wisely transferred to the popular senate; that its irresponsible character was abolished, and that it was henceforth rendered accountable to the people."
It appears to me most probable that the Areopagus retained the right of adjudging cases of homicide , and little besides of its ancient constitutional authority, that it lost altogether its most dangerous power in the indefinite police it had formerly exercised over the habits and morals of the people, that any control of the finances was wisely transferred to the popular senate , that its irresponsible character was abolished, and it was henceforth rendered accountable to the people.
Only slight legal difficulties had been made for him, however, it having been pleaded that he acted in self-defence, and the creature had at once resumed his trade as publican. There was even public sympathy for him at the time on the ground that he possessed a blind mother, though I have never been able to see that this should have been a factor in adjudging him.
No less than four parties of knights had gone down before the challengers, and Prince John began to talk about adjudging the prize to Bois-Guilbert, who had, with a single spear, overthrown two knights, and foiled a third. But a new champion had entered the lists.
Recently arrived from India, he had instituted the action. There was no record of any deed connecting the Webster estate with the original title. How the decree of court adjudging title to Alice as sole heir of William Webster had been obtained was a mystery. Perhaps some unrecorded conveyance from rightful owners to William Webster had been presented, and upon these the decree was based.
Upon this verdict, the Lords of Justiciary passed sentence of death against Captain John Porteous, adjudging him, in the common form, to be hanged on a gibbet at the common place of execution, on Wednesday, 8th September 1736, and all his movable property to be forfeited to the king's use, according to the Scottish law in cases of wilful murder.*
One day I went to the Capitol to see the prizes given to the art students, and the first face I saw was the face of Mengs. He was with Battoni and two or three other painters, all being occupied in adjudging the merits of the various pictures.
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