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Updated: June 18, 2025
There is danger, too, that conflict of jurisdiction will frequently arise between the civil courts and these military tribunals, each having concurrent jurisdiction over the person and the cause of action the one judicature administered and controlled by civil law, the other by the military. How is the conflict to be settled, and who is to determine between the two tribunals when it arises?
Political expediency, in matters of judicature, is a false and hollow principle, and will never satisfy the conscience of him who is fearful that he may have given a hasty judgment.
Bribery, indulgences, robbery, venality of justice, were universal in the courts of judicature of the country; morals degenerated, and the new sects availed themselves of this all-pervading licentiousness to propagate their opinions.
He is now sitting on the ruins of the finances and of the monarchy of France. A great deal more might be observed on the strange constitution of the executory part of the new government; but fatigue must give bounds to the discussion of subjects which in themselves have hardly any limits. As little genius and talent am I able to perceive in the plan of judicature formed by the National Assembly.
But the county courts were much discredited; and as the freeholders were found ignorant of the intricate principles and forms of the new law, the lawyers gradually brought all business before the king's judges, and abandoned the ancient simple and popular judicature. Glanv. lib. 12. cap. 1. 7. LL. Hen. I. Sec. 31, apud Wilkins, p. 248. Fitz-Stephens, p. 36. Gerv. Dorob. p. 1410.
Even if that were the object of its framer, it only coincided with the view of the peers themselves, a very considerable majority of whom had, a few weeks before, rejected a motion made by Lord Shelburne for the appointment of "a committee of members of both Houses to examine without delay into the public expenditure," principally on the ground urged by the Secretary of State, Lord Stormont, and by several other peers, that "to inquire into, reform, and control the public expenditure" would be an improper interference with the privileges of the Commons; the Chief-justice, Lord Mansfield, even going the length of warning his brother peers that such interference might probably lead the Commons "to dispute in their turn the power of judicature in the last resort exercised by the peers."
They suggested that the person of the king was sacred; that history afforded no precedent of a sovereign compelled to plead before a court of judicature composed of his own subjects; that measures of vengeance could only serve to widen the bleeding wounds of the country; that it was idle to fear any re-action in favour of the monarch, and it was now time to settle on a permanent basis the liberties of the country.
Even a court of judicature, with all the authority, accuracy, and judgement, which they can employ, find themselves often at a loss to distinguish between truth and falsehood in the most recent actions. But the matter never comes to any issue, if trusted to the common method of altercations and debate and flying rumours; especially when men's passions have taken part on either side.
Accordingly, we find in the few years of his service, before his decline in health, in the crowd of causes bred by the civil war, which pressed the court with novel embarrassments, and loaded it with unprecedented labors, that the Chief-Justice gave conspicuous evidence, in repeated instances, of that union of the faculties of a lawyer and a statesman, which alone can satisfy the exactions of this highest jurisdiction, unequaled and unexampled in any judicature in the world.
In the midst of their conjuring, the Inquisition came down upon them. It must be admitted that, if the Holy Office had reserved all its terrors for such cases, it would not now have been remembered as the most hateful judicature that was ever known among civilised men. The subaltern impostors were thrown into dungeons. But the chief criminal continued to be master of the King and of the kingdom.
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