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Updated: June 18, 2025
They resolved, That unless the charge against lord Haversham should be prosecuted by the commons before the end of the session, the lords would adjudge him innocent; that the resolutions of the commons on their late votes, contained most unjust reflections on the honour and justice of the peers; that they were contrived to cover their affected and unreasonable delays in prosecuting the impeached lords; that they manifestly tended to the destruction of the judicature of the lords; to the rendering trials on impeachments impracticable for the future, and to the subverting the constitution of the English government; that therefore, whatever ill consequence might arise from the so long deferring the supplies for this year's service, wore to be attributed to the fatal counsel of the putting off the meeting of a parliament so long, and to the unnecessary delays of the house of commons.
When we have marked the characteristics which form the general points of coincidence; when we have pursued them to their consequences in the several modes of legislation, execution, and judicature, in the establishments which relate to police, commerce, religion, or domestic life; we have made an acquisition of knowledge, which, though it does not supersede the necessity of experience, may serve to direct our inquiries, and, in the midst of affairs, give an order and a method for the arrangement of particulars that occur to our observation.
Actions very often vindicate men's reputations in what they do against the dignity of their profession, but nothing can justify words that are inconsistent with their character. As I had desired my friends to withdraw, and was entering into the Court of Judicature, I heard an uproar in the hall of people crying out "To arms!"
Each had, in the province over which he presided, the command of the military force which protected it, the superintendence of the civil administration and the judicature; the governor of Flanders alone excepted, who was not allowed to interfere with the administration of justice.
The Jurisdiction over Prizes is exercised by the Judge of the Admiralty, exclusively of every other judicature of the kind, except in cases of appeal. The Judge of the Admiralty is appointed by a commission under the great seal, which enumerates particularly, as well as generally, every object of his jurisdiction, but not a word of prize.
If then the criminal court needs so strongly the introduction of counsel, the court of civil judicature is equally in want of similar aid, where subjects of the most complicated nature are frequently brought for decision, and where the difficulty of deciding correctly is almost, if not totally, insuperable.
"Nothing could afford me greater pleasure than to see a reciprocity of interest established between the settler and aborigine, and it would delight me to see the settlers engaged in the great work of their amelioration; and though on the part of the settlers, a large majority would readily engage, I nevertheless feel persuaded that, until a better class of peasantry be introduced, and a code of judicature suited to the condition of the natives, its practicability, as a general principle, is unattainable.
It is the temper or habitual attitude demanded of the citizen for the due exercise of his functions as taking part in the administration of the civic community as a member of the judicature and executive. For the work of a legislator far more than the moral virtue of justice or fairmindedness was necessary, these were requisite to the rarer and higher "intellectual virtue" of practical wisdom.
But it hath already been shown, that not onely the whole Militia, or forces of the Common-wealth; but also the Judicature of all Controversies, is annexed to the Soveraignty.
It should be as simple and short as a written constitution can be establishing the Polish Commonwealth, settling the lines of representative institutions, the form of judicature, and leaving the greatest measure possible of self-government to the provinces forming part of the re-created Poland.
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