Recusancy

“ Why compelled to humiliate himself by laying bare to any man, judge though he be, his poverty and then have to argue on that point as an excuse for not doing jury duty? If a man is prepared to prove that it would be a serious injury to himself to serve, he ought to be excused. ”

“ You will always have the consolation of the ideas and convictions you cherish. You have no right to persuade another husband, another father, to the same terrible decision.’ In this state of mind I mounted the platform of the citizens' meeting; and I warned every one of my hearers whose heart was not firm like mine—and out of this speech the public prosecutor makes an incitement to revolt! ”

“ This is by no means a sufficient ground, for giving any name of reproach to any man: least of all is it a sufficient ground, for so black a term of reproach as this. The more evil it contains, the more cautious you should be, how you apply it to any one: to bring so heavy an accusation without full proof, being neither consistent with justice nor mercy. ”

“ I can easily excuse your anger, gentlemen of the jury, as you hear such words and recall the past, towards all alike who remained in the town; but I wonder at the accusers who neglect their own interests to attend to other men's. And although clearly knowing who were guilty and who not, they try to persuade you to be angry at all of us. 2. If then they suppose they have made accusation about everything done by the Thirty to the state, I think they are unable to speak, for they have not told the smallest part of what they did. ”

“ Well, my good fellow, if you should ever have need of discretion, understand that there are two sorts of discretion—the active and the negative. Negative discretion is that of fools who make use of silence, negation, an air of refusal, the discretion of locked doors—mere impotence! ”

“ If you would serve yourselves or your countrymen in your conversation with those whose good will you desire to conciliate, seek it by the honest avowal of your convictions rather than the unappreciated flattery of inconsiderate assent; never demean yourselves by condescending to that pitiful weapon of the coward, the anonymous slander of a neighbour. If, after due inquiry, you have satisfied yourselves that there is an injustice that calls for remedy, denounce it openly, but in terms that evince just resentment and mot vindictiveness. ”

“ For when a request is made which we cannot grant with honour or without loss to ourselves, for instance, if a man were to ask us to appear in a suit against a friend, a refusal must be given in a gentlemanly way: you must point out to him that your hands are tied, must shew that you are exceedingly sorry, must convince him that you will make up for it in other ways. ”

“ I replied, "Your Honor, what better reason could I have than those given you"? To which he answered, "Don't come to me and ask me to give you reasons for excuse from jury duty. You must serve; we want men that cannot get away from their business." ”

“ There were people in the middle of the last Century who had so little regard for decency, that they even interrupted those solemn hours of silence which are devoted, in our Courts of Justice, to ascertaining the guilt or innocence of persons whose lives are in question. ”

“ Taking all the instructions together, we are of opinion that they conform to the wellsettled law, and that there is no ground for supposing that the jury can have been misled by any of the instructions excepted to. In an action of deceit, it is true that silence as to a material fact is not necessarily, as matter of law, equivalent to a false representation. ”

“ Their very Petitions have the force of Invectives; and the Smoother, the Softer, you find the Surface of them, the Falser, and the more Dangerous they are at the Bottom: For betwixt the Persecution that is Insinuated, on the part of the Government, & the Innocence, the Piety, and the Modesty, on that of the Sufferers, Nothing can more Provoke, a Horror, and Indignation for the One, or a Tenderness, & Compassion, for the Other. ”

“ But, should you disregard the reproaches of an offended world, should you hear with callous insensibility the gnawings of a guilty conscience, yet remember, I charge you, remember, that an awful period is fast approaching, and with you is close at hand, when you must appear before a tribunal whose want of power can afford you no prospect of impunity; when you must raise your bloody hands at the bar of an impartial omniscient Judge! ”

“ In a profligate and a pander, such as Ctesiphon, sentenced and punished, an instructive lesson is given to the rising generation. Has a citizen voted in opposition to justice and propriety, and does he, on his return to his house, attempt to instruct his son; disobedience surely follows, and the lesson is justly looked upon as importunate and out of place. Pronounce your verdict then, not as simple [p. 239] jurors, but as guardians of the State, whose decision can be justified in the eyes of their absent fellow citizens who shall demand a strict account of it. ”

“ What excuse can you offer for being her destroyer? Dear madam, don’t use so severe an expression—Sir, I can use no other: How can you extenuate the fault, by which you merit so severe an appellation? To a lady of your rigid delicacy, madam, said he, perhaps what youth could offer, in extenuation of the fault, might appear but a weak plea: yet ’tis most certain, that I was surprized into the fatal error: I am under no promises, no ties, no engagements whatsoever to the lady. No ties, Sir! (interrupting him) Is your own honour no tie upon you, supposing you free from any other obligation? ”

“ On such occasions passive submission would, on the part of the people, be a breach of their allegiance, and, on our part, treachery and perjury—For the people are bound, by their allegiance, and we are additionally bound by our oaths, to support the Constitution and the State—and we are responsible to the people and to our God for the faithful execution of the trust. ”

“ And rebuke; convince and reprove such as contradict or gainsay, or neglect and do not receive the truth as they should, or retain it in unrighteousness—those who hear it not with such a believing and obedient mind and heart as they ought, but, instead of this (it may be) live in contrary practices, showing themselves stubborn and disobedient, and to every good work reprobate. Rebuke with all authority, as coming in the name of God, and armed with his threatenings and discipline, whoever make light of which will do it at their peril. Ministers are reprovers in the gate. ”

“ I am ready to forget my position as judge, and to give you my help, but you must see yourself that to prove the other side guilty of slander, you must prove yourself innocent. What I want from you is an informal and strictly confidential declaration, for the case against you is a serious one, and of such a kind as to require all your efforts to wipe off this blot upon your honour. Your enemies will not respect your delicacy of feeling. They will press you so hard that you will either be obliged to submit to a shameful sentence, or to wound your feelings of honour in proving your innocence. ”

“ And I therefore contend, that, as the accusation was so made, so witnessed, so detailed, so specific, so entered upon record, and so entered upon record in consequence of the inquiries ordered by the Company, his refusal and rejection of inquiry into it is a presumption of his guilt.
He is full of his idea of dignity. It is right for every man to preserve his dignity. ”

“ If I can show you that there is a doubt—a doubt of the faintest or slightest shadow—his lordship will tell you that I have the right to demand a verdict of ‘not guilty,’ and I say that such a doubt cannot but exist. ”

“ Every man within the sound of my voice must feel for my situation; but by you, gentlemen of the jury, it must be felt in a peculiar degree, who are husbands and fathers, and can fancy yourselves in my situation.—I trust that this serious lesson will operate as a warning to all future ministers, and lead them to do the thing that is right, as an unerring rule of conduct ”

“ Note, We live in a censorious world, and should cut off occasion from those who seek occasion to speak reproachfully. It is the crime of others if they reproach or censure us without occasion; and it is our imprudence at least if we give them any occasion, when there may not be a just cause for them so to do. ”

“ The most startling and improbable rumours have been afloat as to the intentions of the Government, while the people are loudly clamouring for a squashing of the verdict, an annulment of the sentence, and a free pardon for their idol, to many more than ever popular now that her sex is disclosed. ”

“ Soon your chastisement will serve as a memorable example to posterity! That is how a man must speak to you in whom you at first inspired pity. Accuse no one of conspiracy against your infernal Constitution. ”

“ How long will it take an individual or a nation to conquer prejudices, by continuing to practice and excuse them;—substituting general acknowledgements of their guilt, for immediately and thoroughly repudiating them? ”

“ His interpretation, sir, of the order, which he has so confidently laid before the house, seems to me to have no foundation in reason or justice; for if it be an offence against the house to be present at our consultations, and that offence be justly punishable, why should any man be exempt from a just censure by an accidental escape? ”

“ We apply a degrading appellation, or bring an opprobrious charge against an individual; and such is our tenaciousness of the painful and disagreeable, so fond are we of brooding over grievances, so incapable are our imaginations of raising themselves above the lowest scurrility or the dirtiest abuse, that should the person attacked come out an angel from the contest, the prejudice against him remains nearly the same as if the charge had been fully proved. ”

“ But you must consider, gentlemen of the jury, on what ground you should spare such men. Is it on the ground that in relation to the state they have been unfortunate, but otherwise have lived with moderation and in an orderly fashion? ”

“ Those who thus set up for judges and censurers shall receive the greater condemnation. Our judging others will but make our own judgment the more strict and severe, Matt. vii. 1, 2. Those who are curious to spy out the faults of others, and arrogant in passing censures upon them, may expect that God will be as extreme in marking what they say and do amiss. 2. Another reason given against such acting the master is because we are all sinners: In many things we offend all, v. 2. Were we to think more of our own mistakes and offenses, we should be less apt to judge other people. ”

“ If a man that is innocent ought to be punished by way of reprisal for the guilty? And how Princes ought to behave themselves in the cases of reprisals? How reprisals should be made against a city that owes allegiance to no Sovereign? ”

“ To charge this gentleman with the dismission of any of his colleagues, can, after the strongest aggravations, rise no higher than to an accusation of having advised his majesty to dismiss him, and even that, my lords, stands, at present, unsupported by evidence; nor could it, however uncontestably proved, discover either wickedness or weakness, or show any other authority than every man would exercise, if he were able to attain it. ”

“ What else than ignorance of the law is it that excuses persons under the years of discretion, and men of imbecile minds? What else than ignorance of the law is it that excuses judges themselves for all their erroneous decisions? ”

“ If an insult follows an unpolite expression,—if the aggressor considers himself offended, or if the person who has received the insult, considers himself insulted,—the case must also be referred to a meeting.
3. If in the course of a discussion, during which the rules of politeness have not been transgressed, but in consequence of which, expressions have been made use of, which induce one of the party to consider himself offended, the man who demands satisfaction cannot be considered the aggressor, or the person who gives it the offender. ”

“ They assume that the parties are guilty; they call upon the parties to establish their innocence; and declare that such innocence can only be shown in one way—by an inquisition in the form of an expurgatory oath into the consciences of the parties. ”

“ They testify against us, for our conviction, which tends to our present shame and confusion, and our future condemnation. They disprove and overthrow all our pleas for ourselves; and so not only accuse us, but answer against us. If we boast of our own excellencies, and trust to our own righteousness, our iniquities testify against us, and prove us perverse. ”

“ One short extract will suffice:—
"The Master said, 'There are three thousand offences against which the five punishments are directed, and there is not one of them greater than being unfilial.
"'When constraint is put upon a ruler, that is the disowning of his superiority; when the authority of the sages is disallowed, that is the disowning of all law; when filial piety is put aside, that is the disowning of the principle of affection. ”

“ One is, by a free and unlimited confession to the Government of all the circumstances of the plot, so far as they have come to his knowledge, the parties interested, their several shares in the undertaking, with every detail of date and time, to sue for a pardon for himself—a grace which, I need scarcely say, I will use all my influence to obtain. ”