Stipule

“ Do you conceive, in general, that those who hold such employments as are guarded by oaths perform their duties in consequence of the oath, or because they conceive that integrity and due attention are right for their own sakes? ”

“ Story, Eq. Jur. § 2. It was one of those obligations which was binding on the honor and conscience of the party, but one not the subject of a suit, and not to be enforced in a court of either law or equity. ”

“ Charles Gordon, I spoke to you a moment ago as an officer of the law. I speak to you now as one who does not wish you an injury. Obey the order of the committee, and I will see that you have fair speech before it. Refuse [Pg 75] and you will be declared a traitor and an outlaw, and the edict will go forth through all the province that no man shall buy of you, that no man shall sell to you, and he that shows you kindness will become an outlaw like yourself. ”

“ Pardon me, Sir, but I cannot refrain from astonishment that Senators, learned lawyers, should be willing to treat the oath to support the Constitution as an oath of purgation, an oath of defecation, an oath of purification,—by which a suspected person may cleanse himself, by which an evil spirit may be cast out. ”

“ By the use of certain words of style in the form of question and answer any lawful agreement could thereby be made not only morally but legally binding, so that much which previously had no other guarantee than a man's sense of honour now passed directly under the protection of the tribunals. Stipulations became the complement of engagements which without them rested simply on good faith, as when a vendor gave his stipulatory promise to his vendee to guarantee peaceable possession of the thing sold or its freedom from faults, and the vendee in turn gave his promise for payment of the price. ”

“ This restores to each term its right relation to the others, and provides a link or middle term between either prince and people, or prince and Sovereign, or, if necessary, both at once.
This body, which I shall call the tribunate, is the preserver of the laws and of the legislative power. It serves sometimes to protect the Sovereign against the government, as the tribunes of the people did at Rome; sometimes to uphold the government against the people, as the Council of Ten now does at Venice; and sometimes to maintain the balance between the two, as the Ephors did at Sparta. ”

“ It is just to believe that in that supreme tribunal, in the presence of your Majesty, injustice will be done to no one—least of all to me, who have served and am now serving your Majesty with so great integrity and solicitude, and who have had so long an experience. ”

“ No person shall be required, according to the fundamental law of the country, except in the cases mentioned, to answer for any of the higher crimes unless this body, consisting of not less than sixteen nor more than twenty-three good and lawful men, selected from the body of the district, shall declare, upon careful deliberation, under the solemnity of an oath, that there is good reason for his accusation and trial.' Ex parte Bain, 121 U.S. 1, 11, 7 S.Ct. ”

“ Proclamation at four court terms of a levy of a fine shall be a final end to an issue of land, tenements, or other hereditaments and the decision shall bind persons and their heirs, whether they have knowledge or not of the decision, except for women in covert [under the protection of a husband] who were not parties, persons under the age of twenty-one, in prison, out of the nation, or not of whole mind, who are not parties. ”

“ The man faithfully performed his duty, but at the expiration of the seven years, the master refused to give her up. The oath of a coloured person being invalidated in any case where a white person is a party concerned, the man had no legal redress. The master, nevertheless, gained the confidence of the man by affirming, with all the solemnity of an oath, that he would let him have her at the end of the second seven years. ”

“ As men, my lord, we must appear on the great day at one common tribunal, and it will then remain for the Searcher of all hearts to show a collective universe who was engaged in the most virtuous actions or actuated by the purest motives—my country’s oppressor, or—
Lord Norbury— ”Stop, sir! Listen to the sentence of the law”. ”

“ Anyone in the realm may take oath that, for the accomplishment of all the aforesaid matters, he will obey the orders of the said twenty-five barons and distress us to the utmost of his power; and we give public and free leave to everyone wishing to take oath to do so, and to none will we deny the same. Moreover, all such of our subjects who do not of their own free will and accord agree to swear to the said twenty-five barons, to distrain and distress us together with them, we will compel to do so by our command in the aforesaid manner. ”

“ The provisions as to settlement of disputes were extended in 1885 to every description of dispute between branches and the central body, and in 1895 it was provided that the forty days after which a member may apply to the court to settle a dispute where the society fails to do so, shall not begin to run until application has been made in succession to all the tribunals created by the order for the purpose. ”

“ The Senescal Joinville, the beloved minister of that Prince, relates the advice to have been conceived in the following terms: If any one shall have a dispute or litigation with you, shew yourself favourably disposed to the suit of your opponent, till the truth can with certainty be established. ”

“ We leave to the ministers of our religion, and the magistrates who are appointed to guard our laws, to decide upon the legality of the bonds between yourself and mademoiselle Camp, but by one tribunal you are distinctly pronounced guilty towards her, and that is the tribunal of honour, before that tribunal which exists in the heart of every good man. ”

“ If a judge, no proceedings shall be laid before him, and his sentences, where passed, shall be null and void; if an advocate, he shall not have faculty to plead; if a notary, his deeds shall be void; if a cleric, he shall be deposed from his office and benefices. ”

“ There must be an act of solemnity and importance, such as a statute, and that statute must be by a State, a member of the Union and a public body, owing obedience and conformity to its constitution and laws. ”

“ The Criminal Code, § 125, provides: 'Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, . . . shall wilfully, and contrary to such oath, state or subscribe any material matter which he does not believe to be true, is guilty of perjury. ”

“ By the settled practice anterior to this statutory provision, it was in the power of the parties to agree upon a statement of the case; it would seem reasonable and probable, therefore, that the power given to the judge (as an exercise of his judicial functions) , to regulate the statement, was designed to impart a greater solemnity and permanency to the preparation of the proceeding, and to place it in an attitude for the action of some revising power. ”

“ If a citizen had a dispute with another citizen, he either assigned any one as judge whom it was convenient to himself to assign, crier, soothsayer, or his own physician; or if a tribunal was established by the laws, and the parties had come before one of their fellow-citizens as the judge, that citizen was not allowed to decide without control. For, listen to the edict issued by this man, by which edict he brought every tribunal under his own authority: “If any one had given a wrong decision, he would examine into the matter himself ”

“ When one or more have been substituted in Court to conduct a Suit for another, in the manner before mentioned, whether the one can-230- delegate his authority to another, or whether one of the two can nominate the other, or a third, in his place, or in that of his Principal, to gain or lose for him in that Suit, are points at least questionable. ”

“ Doubtless, honor requires you to resign, if you cannot comply with the terms of your oath; but what right have you to adopt or imagine an alternative in your oath where the law has made none,—where the officer administering it will admit of none? ”

“ Therefore, Our Will and Pleasure is, that in any Suit or Suits commenced, or to be commenced in any of our Courts at Westminister, or elsewhere, by the said Treasurer and Company, or otherwise against any such persons, that our Judges for the Time being, both in our Court of Chancery, and at the Common Pleas do favour and further the said Suits so far forth as Law and Equity will in any wise further and permit. ”

“ Anything like a tolerable defence of Your Excellency's position—anything approaching to an effective exposure of the proceedings of the late Council in their demands, the grounds of their resignation, their explanation, their tribunal of appeal, their variations of position, the principles and consequences involved in each step of their course, and the spirit and doctrines they now exhibit, appears to me to be a desideratum. ”

“ Item, should the King inquire who ought to be my judge, point out that the Council neither sent me an invitation nor cited me to appear, nor have I ever been charged before the Council; and yet the Council hath put me in prison and appointed its own proctor against me. ”

“ Services for the dead, and offerings. The bellman shall summon all. Masses for souls of the dead. Unruly brothers shall be fined. One wronging another shall be fined, and shall make peace. Penalty for disclosing the affairs of the Gild. The Stewards shall render an account of the goods of the Gild, and of the year’s profits, at the yearly general meeting, under penalty to be paid by themselves or their sureties. No Gild-brother shall give pledge or become surety for another, in any plea or suit, without leave of the Alderman and others. ”

“ It is but justice to say that in these proceedings, in which all the different and perhaps conflicting interests of the various parts of the state were discussed, there was an exhibition of candor, fairness and moderation, of gentlemanly honor and courtesy in the treatment of opposing claims, and of an overruling sense of the obligations of law and religion, which certainly have not always been equally conspicuous in the proceedings of deliberative bodies in such cases. ”

“ So help you God. Or, this affirmation you make and give upon the peril of the penalty of perjury.
Sec. 4. The members of the General Assembly, the judges of all the courts, and all other officers, both civil and military, shall be bound by oath or affirmation to support this constitution, and the constitution of the United States.
Sec. 5. The oath or affirmation shall be administered to the governor, lieutenant-governor, senators and representatives, by the secretary of state, or, in his absence, by the attorney-general. ”

“ Salomons, 17th Jurist, page 463, and to the case of the Lancaster and Carlisle Railway Company v. Heaton, 4th Jurist, new series, page 708, for the distinguishment between the words of asseveration and the essential words of an oath. But I also desire to add, and I do this most solemnly and unreservedly, that the taking and subscribing, or repeating of those words of asseveration, will in no degree weaken the binding effect of the oath on my conscience. ”

“ If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. ”

“ A Grand Lodge will sometimes grant a warrant of constitution at once, without the previous exercise, on the part of the Grand Master, of his dispensing power. As it is, however, more usually the practice for the dispensation to precede the warrant of constitution, I shall explain the formation of a lodge according to that method. ”

“ A King’s counsel has to obtain leave from the authorities, and pay a small tribute therefore, before he can appear for a prisoner and against the Crown. Leave is never refused, but the existence of such a curious custom is only comprehensible by studying the folklore of the subject. ”

“ This was but little more than putting in statutory form a power which this court had already held to exist, prior to the act of 1832, in the secretary of state, in the absence of a statute. Grant v. Raymond, 6 Pet. 218. ”

“ Another illustration of this magisterial intervention is to be found in the interdiction of a spendthrift,—a decree depriving of his power of administration a man who was squandering his family estate and reducing his children to penury; a third presents itself in the removal of a tutor from office on the ground of negligence or maladministration, on complaint made to the magistrate by any third party in what was called postulatio suspecti tutoris ”

“ Then, if Barristers do not flock in sufficient numbers to the banners of the Lamb, the Horse, and the Griffin, why not throw open the ranks to wealthy persons—so to speak—fond of the leaders of litigation? ”

“ Your most obedient subjects do therefore, under protection of your Majesty, suppose that your Highness should have the nomination of some convenient number of proctors to be always attendant upon the said Courts of Arches and Audience, there to be sworn to the preferment of your jurisdiction and prerogative, and to the expedition of the causes of your lay subjects repairing and suing to the same. ”

“ The ancient as well as the modern codes of sea laws proceed upon the assumption that the master, representing all the aggregate interests by holding that office, has the rightful power to judge upon the sacrifice of one of the interests which he thus represents for the benefit of the others. ”