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Updated: June 18, 2025
This house, sir, has always claimed and exerted the privilege of judging of every offence against itself, a privilege so long established, and so constantly exercised, that I doubt whether the inferiour courts of judicature will take cognizance of an attack upon us; for how can they venture to decide upon a question of such importance without any form or precedent for their proceedings.
We may make judges and pay them, but we must procure submission to those judges, and further, we must make jurymen. All these difficulties I foresaw when the Lords adopted the Commons' resolution; but I suppose Canning forced it upon Lord Bathurst and the Cabinet. House at 5. Debate on the Scotch Judicature Bill. Lord Wynford made a miserable speech, which proved he knew nothing about the subject.
His Grace had recommended by special message the consideration of the Judicature Act so that it might be amended, and the Assembly had not even proceeded with it so far as to enable the Governor-in-Chief to transmit the result of the parliamentary proceedings to the King's ministers, with the view of obtaining the opinions and assistance of the law officers of the Crown in England.
First, at the head, came Father Porhammer, who gave him lessons in logic and physic; after him walked the engineer Briguen, professor of mathematics; then Herr von Leporini, who instructed him in general history; Herrvson Bartenstein, who expounded the political history of the house of Austria; Baron von Beck, who was his instructor in judicature; and finally, his governor, Count Bathiany, the only one toward whom the young prince felt a grain of good-will.
When the Judge laid the affair before the family council, it occasioned a great surprise; on which a general silence ensued, and attractive visions began to swarm before the eyes of the young people, not exactly of the highest Court of Judicature, but of the seat of the same of the Capital. Louise looked almost like a Counsellor of Justice herself.
Blandy to be in the utmost danger, and that this affair might come before a Court of judicature. Dr. Lewis was then sent for from Oxford. I stayed with Mr. Blandy all this day. I asked him more than once whether he really thought he had taken poison? He answered each time that he believed he had. I asked him whether he thought he had taken poison often? He answered in the affirmative.
Jurisdiction to Review Several important questions arise in this case. Is there jurisdiction in the Courts to review in such a context as this taking into account the ambit of ss. 3 and 4 of the Judicature Amendment Act 1972? And if there is such power is it by reason of the award of costs in this case? Or on grounds relating to excess of jurisdiction on the part of the Commissioner?
I have one thing more to offer for thy encouragement, who deemest thyself one of the biggest sinners; and that is, thou art as it were called by thy name, in the first place, to come in for mercy. Thou man of Jerusalem, hearken to thy call; men do so in courts of judicature, and presently cry out, Here, Sir; and then they shoulder and crowd, and say, Pray give way, I am called into the court.
During the sitting of the parliament, and after its prorogation and dissolution, the trials of the pretended criminals were carried on; and the courts of judicature, places which, if possible, ought to be kept more pure from injustice than even national assemblies themselves, were strongly infected with the same party rage and bigoted prejudices.
But it is less difficult to determine what the judges were not than to ascertain with precision the various parts of their complicated office. In war, they led the host of Israel to meet their enemies; and in peace, it is probable they presided in such courts of judicature as might be found necessary for deciding upon intricate points of law, or for hearing appeals from inferior tribunals.
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