Justiciar

“ Very proud and conceited of themselves, and their own judgment and justice, as if their delivering a man up, under the general character of a malefactor, were sufficient for the civil magistrate to ground a judicial sentence upon, than which what could be more haughty? ”

“ For example, all the judgments of a judge who has justice for his end and venerates and loves this as Divine, while he detests adjudications for the sake of reward, for friendship, or from favour, as flagitious; for so he consults the good of his country, by causing justice and judgment to reign therein as in heaven, and so he consults the peace of every harmless citizen, and protects him from the violence of evil-doers; all which are good works. ”

“ If I have extinguished my manhood by my juror’s oath, then I shall do my official business and find Greatheart guilty, and I shall seem to be a true man; but if I value my manhood, I shall answer after my natural duty to love a man and not hate him, to do him justice, not injustice, to allow him the natural rights he has not alienated, and shall say "Not guilty." Then foolish men, blinded by the dust of courts, may call me forsworn and a liar; but I think human nature will justify the verdict. ”

“ I have always understood it to be the duty of a judge, when a prisoner has been convicted, to pronounce the sentence of the law. I have also understood that judges sometimes think it their duty to hear with patience, and to speak with humanity; to exhort the victim of the laws, and to offer, with tender benignity, their opinions of the motives by which he was actuated in the crime of which he was adjudged guilty. ”

“ I leave it, my lords, to you and the gentlemen of the jury to consider, that if an unhappy man ever deviates from the law of right, yet if in the single first moment of recollection he does all that he can to make a full and perfect amends, what, my lords and gentlemen of the jury, can God and man desire further? ”

“ It is not good to have respect of persons in judgment. 24 He that saith unto the wicked, Thou art righteous; him shall the people curse, nations shall abhor him: 25 But to them that rebuke him shall be delight, and a good blessing shall come upon them. 26 Every man shall kiss his lips that giveth a right answer.
Here are lessons for wise men, that is, judges and princes. As subjects must do their duty, and be obedient to magistrates, so magistrates must do their duty in administering justice to their subjects, both in pleas of the crown and causes between party and party. ”

“ Give but the conscience justice, let common sense have but the slightest voice in the decision, and you might as easily attempt to gain a man’s assent to the broadest of contradictions, even to the admission that a part is equal to the whole, or that two and two are five, as to feel guilty for another man’s crime, to feel remorse for another man’s wrong-doing, to be penitent or humble for that in which we had no participation, or to confess the justice of punishment by a sentence which made him criminal before his existence. ”

“ Where are the ends of justice subserved, and where is truth found in hurrying seven human beings at the rate of express speed to the scaffold and an ignominious death? Why, if your honor please, the very method of our extermination, the deep damnation of our taking off appeals to your honor's sense of justice, of rectitude, and of honor. A judge may also be an unjust man. ”

“ It has always been the praise of this house to pay an equal regard to justice and to mercy, and to follow, without partiality, the direction of reason, and the light of truth; and how consistently with this character, which it ought to be our highest ambition to maintain, we can ratify the present bill, your lordships are this day to consider. It is to be inquired, whether to suppose a man guilty, only because some guilt is suspected, be agreeable to justice; and whether it be rational before there is any proof of a crime, to point out the criminal. ”

“ If, sir, there could be a resurrection from the foot of the gallows, if the victims of justice could live again, collect together, and form a society, they would, however loath, soon find themselves obliged to make justice, that justice under which they fell, the fundamental law of their state. They would perceive it was their interest to make others respect, and they would, therefore, soon pay some respect themselves, to the obligations of good faith. ”

“ And it is because justice is the ratification of all injustice that it reassures every one.
"A judge may be benevolent, for men are not all bad; the law cannot be benevolent because it is anterior to all ideas of benevolence. ”

“ And even as you accord justice dominated by fairness in the light of the need of those who are brought before you, so shall you have the right to expect justice tempered by mercy when you sometime stand before the Judge of all the earth. ”

“ When a criminal is set before him proved guilty and convicted of crime, who does not frame for himself pleas of defence, but prays for pardon, and prostrates himself at the knees of his judge, the judge answers him, Of myself I can do nothing, it is my justice not my power which I exercise in judgment. ”

“ One may, but without passion, bear testimony against the accused. If he is convicted, justice condemns him. But the judge, in describing the crime and pronouncing sentence, never forgets the duty due to the creature of God on whom the punishment is about to fall. Here I see nothing but fury and jealous rage. They are devoured by their thirst for blood, and equity is not the basis of their judgments. ”

“ Imagine a grey-headed judge, frill of years and honours, owning with tears, with pathetic assurances of his penitence and of his sincerity, that he has been guilty of shameful mal-practices, repeatedly asseverating the truth of his confession, subscribing it with his own band, submitting to conviction, receiving a humiliating sentence and acknowledging its justice, and all this when he has it in his power to show that his conduct has been irreproachable! ”

“ Justice is represented as blind, bearing in one hand a sword to punish, and in the other scales in which she weighs accusation and defence. This is not the image of Justice. This is the image of Law, or, rather, of the man who condemns or acquits according to his conscience. ”

“ But the juryman who, above all, judges as a man, and often recoils from responsibility, should fear the excess of lenity: the judge, on the contrary, accustomed to repression, and above all preoccupied with the interests of society, should rather defend himself against excess of rigor and severity.
4. Knowledge.—What is for most men but a luxury, becomes in such or such a profession a strict duty. The knowledge of the laws, for example, is, for the magistrate, as the knowledge of the human body for the physician, a strict obligation. ”

“ If such reasonable doubts of guilt still remain, you will acquit him. You are the judges of the whole case. You owe a duty to the public, as well as to the prisoner at the bar. You cannot presume to be wiser than the law. Your duty is a plain, straightforward one. Doubtless we would all judge him in mercy. Towards him, as an individual, the law inculcates no hostility; but towards him, if proved to be a murderer, the law, and the oaths you have taken, and public justice, demand that you do your duty. ”

“ A defeated litigant comes out of the best court in the most civilized state, angry, denouncing injustice and violation of rights, and declaiming solemn "doctrines" of justice and liberty and, above all, of "rights." ”

“ You teach them that all things at first were in common, and that no man had a right to anything, but as he laid his hands upon it; and that this still is, or ought to be the rule amongst mankind. Here, Sir, you sap a great principle in society—property, and don’t you think the magistrate would have a right to prevent you? ”

“ All trials should be public, that opinion, which is the best, or perhaps, the only cement of society, may curb the authority of the powerful, and the passions of the judge; and that the people may say, “We are protected by the laws; we are not slaves:” a sentiment which inspires courage, and which is the best tribute to a sovereign who knows his real interest. I shall not enter into particulars. There may be some persons who expect that I should say all that can be said upon this subject; to such, what I have already written must be unintelligible.
CHAPTER XV. ”

“ You must put the evidence in the scales of your judgment, and your manhood must stand at the scales, and then you must have the courage to tell which side goes down and which side rises.
That is all we ask. We ask the mercy of an honest verdict, and of your honest opinion. We ask the mercy of a verdict born of your courage, a verdict born of your sense of justice, a verdict born of your manhood, remembering that you are the peers of any in the world. And it is for you to say, gentlemen, whether these defendants are worthy to live among their fellow-citizens ”

“ And while it is so, that a man is accused in both courts, at the supreme tribunal, and the lower house of a man's own conscience, when man's accuser is within him, and God, his righteous Judge, above him, who can come in to plead such a man's cause? A person self condemned, who shall plead for his absolution? If he cannot but accuse himself, and stop his mouth, being guilty before God of the transgression of all his law, then what place for an advocate to accuse him, or defend his cause? ”

“ One asked another why learning was always called a republic. "Forsooth," quoth the other, "because scholars are so poor that they have not a sovereign amongst them."
CDXCVIII.—CHALLENGING A JURY.
An Irish fire-eater, previous to a trial in which he was the defendant, was informed by his counsel, that if there were any of the jury to whom he objected, he might legally challenge them. "Faith, and so I will," replied he; "if they do not acquit me I will challenge every man of them." ”

“ By their former conclusions, every soul must judge what the magistrate commandeth, and is not bound, even in indifferent things, to the magistrates’ law, further than his own soul, conscience, and judgment ascends to the reason of it. ”

“ A judge whose court has flooded this fair land with scenes of blood and murder. A judge whose jury is the brute passions of mankind. The abettor of spite, vengeance, ignorance and bigotry. A judge who knows no law save the law of might. ”

“ I appear because I have put my trust above all in the justice of my cause, and secondly, in your character; feeling as I do that you will give a just decision, and not allow me through a perversion of justice to be ruined by my enemies, but that you will much rather save me by allowing justice to take its course in accordance with the laws of the city, and the oaths which you have sworn as a preliminary to the verdict which you are about to record. ”

“ But that iniquity, which if it should be committed, I promise to prosecute severely, with however much trouble and danger to myself, and whatever enmities I may bring on myself by doing so, you, O Marcus Glabrio, can guard against ever taking place by your wisdom, and authority, and diligence. Do you undertake the cause of the tribunals? Do you undertake the cause of impartiality, of integrity, of good faith and religion? ”

“ Justice is never man's precedent. The world quotes Moses, David, Paul, Jesus, to defend its conduct or prove its guilt.
Authority is another's opinion. Law is what has been done and sanctioned by mankind. The decision of one court binds another. One text is quoted to prove another. A man's act is made a rule of life. We say, to defend ourselves: “He did it.” The world's power of attorney is in its own handwriting. Our appeal is to some one else. We get our politics from our fathers, our religion from our mothers. The church is preaching what others believed. ”

“ But, my lords, it is to be observed, that they who so warmly recommend the strictest adherence to justice, seem not fully to understand the duty which they urge. To do justice, my lords, is to act with impartiality, to banish from the mind all regard to personal motives, and to consider every question in its whole extent, without suffering the attention to be restrained to particular circumstances, or the judgment to be obstructed by partial affection. ”

“ Well, in candour, I must admit that, by justifying, in courts of judicature, through the verdicts of juries, that mode of personal redress and self-vindication, to heal and prevent which was one of the original motives for gathering into social communities, and setting up an empire of public law as paramount to all private exercise of power, a fatal wound is given to the sanctity of moral right, of the public conscience, and [Pg 98] of law in its elementary field. ”

“ For this reason the best law that has ever passed in our day is that which continues our judges in their posts during their good behavior, without leaving them to the mercy of such, who in ill times, might by an undue influence over them trouble and pervert the course of justice. ”

“ Those who are most ready to set up for judges of the law generally fail most in their obedience to it. 3. Because God, the Lawgiver, has reserved the power of passing the final sentence on men wholly to himself: There is one Lawgiver, who is able to save, and to destroy: who art thou that judgest another? v. 12. Princes and states are not excluded, by what is here said, from making laws; nor are subjects at all encouraged to disobey human laws; but God is still to be acknowledged as the supreme Lawgiver, who only can give law to the conscience, and who alone is to be absolutely obeyed. ”