Argument Upon the Jurisdiction of the House of Commons to Commit, in Cases of Breach of Privilege


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Seite 50 - ... and the issuing of attachments by the supreme courts of justice in Westminster Hall for contempts out of court...
Seite 3 - Fortescue, in the name of his brethren, declared " that they ought not to make answer to that question ; for it hath not been used aforetime that the justices should in any wise determine the privileges of the high court of parliament For it is so high and mighty in its nature, that it may make law; and that which is law it may make no law; and the determination and knowledge of that privilege belongs to the lords of parliament, and not to the justices
Seite 50 - The power which the courts in Westminster Hall have of vindicating their own authority is coeval with their first foundation and institution; it is a necessary incident to every court of justice, whether of record or not, to fine and imprison for a contempt...
Seite 2 - ... and the like. But I take these to be one and the same thing. For the authority of these maxims rests entirely upon general reception and usage: and the only method of proving, that this or that maxim is a rule of the common law, is by showing that it hath been always the custom to observe it.
Seite 4 - ... that whatever matter arises concerning either house of parliament, ought to be examined, discussed, and adjudged in that house to which it relates, and not elsewhere (u).
Seite 52 - In the moral estimation of the offence, and in every public consequence ari.-ing from it, what an infinite disproportion is there between- speaking contumelious words of the rules of the Court, for which Attachments are granted constantly, and coolly and deliberately printing the most virulent and malignant scandal which, fancy could suggest upon the Judges themselves. It seems to be material to fix the ideas of the words • Authority' and ' Contempt of the Court/ to speak with precision upon the...
Seite 52 - I am as great a friend to trials of facts by a jury, and would step as far to support them as any judge who ever did or now does sit in Westminster Hall; but if to deter men from offering any indignities to courts of justice, and to preserve their lustre and dignity, it is a part of the legal system of justice in this kingdom, that the court should call upon the delinquents to answer for such indignities, in a summary manner, by attachment, we are as much bound to execute this part of the system...
Seite 52 - I am as great a friend to trials of facts by " a jury, and would step as far to support them, as " any judge who ever did, or now does, sit in " Westminster Hall, but if to deter men from " offering any indignities to courts of justice...
Seite 19 - Walter Curtis, and Simon Lowen. " Resolved, That Mr. Maurice Tompson be sent for, in custody, as a delinquent ; and that the Serjeant at Arms be empowered to break open Mr. Tompson's house in case of resistance, and also to bring in custody all such as shall make opposition therein ; and be is to call to his assistance the sheriff of Middlesex, and all other officers as he shall see cause, who are required to assist him accordingly.
Seite 2 - Upon the whole, however, we may take it as a general rule, " that the decisions of ". courts of justice are the evidence of what is common law...

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