Judges

namely, those for an oath to be taken by all Privy Councillors and Judges to maintain the Petition of Right and certain statutes to be named by Parliament (§ 11), for the dismissal of all Privy Councillors and Ministers of State except such as were approved by Parliament (§ 1);

Not only did the demands for the exclusion from seats in the House of Lords of Peers afterwards created unless with the consent of Parliament, for the permanent submission of appointments of officers and judges to the approbation of Parliament, and for the education and marriage of the King’s children being placed under Parliamentary control, which had been omitted from the Oxford Propositions, re …

[xl] to the approbation of Parliament (§ 3), whilst the appointment of puisne judges was left as before in the hands of the King.

”* Judges were in those days, and afterwards, such abject servants of the king, that “we find that King Edward I.

The answer to this objection is, that, since Magna Carta, judges have had more than six centuries in which to invent and promulgate pretended maxims to suit themselves;

Legislators and judges are necessarily exposed to all the temptations of money, fame, and power, to induce them to disregard justice between parties, and sell the rights, and violate the liberties of the people.

The Married Women’s Property Acts have, as a matter of fact, perplexed not only lawyers, but even judges, who, while accustomed to the rules of the common law, were unfamiliar with the principles of equity, and have raised a whole host of nice and thorny questions as to the precise rights and liabilities of married women.

Assuming that the method of reform adopted by Parliament from 1870 onwards was the right one, there is little to be said either against the Act of 1882, at any rate as regards the principles on which it was founded, or against the construction put upon it by the judges who, rightly (it is submitted), treated the legal separate property created by the Act as having the character of separate propert …

It has come in the tradition that a judge shall not judge between two parties while he is angry.

Nevertheless, it is also, I think, of great importance to you who are my judges that you should reach a correct verdict in trials for murder, first and foremost because of the gods and your duty towards them, and secondly for your own sakes.

The facts have been confirmed by evidence as I promised, gentlemen;

It is your duty to take vengeance for the injury which he so lawlessly inflicted:

but it is a sin that the accused should be sentenced, if the charges made against him have not been proved conclusively.

In this knowledge, make the prosecution bear the consequences of their sin;

but these distinctions should be fixed by the laws, which alone are impartial, and not by the arbitrary and dangerous prudence of judges.

as if judges were to be the knights-errant of human nature in general, rather than guardians of particular conventions between men.

The time for inquiry and for justification should be fixed by the laws, and not by the judge, who, in that case, would become legislator.

and the Judges shall bring before the Court according to the law all persons against whom such information is laid;

if any Athenian citizens are now in jail or shall hereafter be imprisoned on impeachment by the Council, if the judgement against such prisoners be not delivered to the Judges by the Secretary of the Presidency in pursuance of the law of impeachment, be it enacted that the Eleven shall bring them before the Court within thirty days of the day on which they receive them into custody, unless prevent …

Thus, gentlemen, the probabilities are in favor of my having given true evidence, and the same is true of the other relatives.

I claim, judges, that, just as they would have declared, if the arbitrators had decided in their favor, that this was a strong proof that Euphiletus is not the son of Hegesippus, so now you should regard as equally strong evidence of the truth of our contention the fact that they were considered by the arbitrators to be doing Euphiletus an injury in having subsequently deleted his name, though he …

So that it is unlikely, judges, that my father committed so wicked a crime from which he derived no advantage.

Yet if he had not given surety in the presence of the judges, five hundred in number, and of those who were present in court, I don't know what he could have done.

In court, after we had brought forward all the arguments which we are presenting on the present occasion, and Leochares had made a lengthy defence, the judges decided that Leochares had committed perjury.

I beseech you, therefore, to condemn Leochares, in order that we may recover what our forefathers left to us and possess not merely their names but their property also.

but it is proper that the falsity of his evidence should be proved before you also who are about to give your verdict on this very issue.

How could an accuser establish a charge of perjury more clearly than by adducing proofs from the actual conduct of my adversaries themselves and from all the laws of our state?

Judges, my mother's brother, Pyrrhus, having no legitimate issue, adopted my brother Endius as his son.

And let no one of you suppose that while all other people realize how much the scales of persuasion incline in favor of one who has the approval of his judges, the devotees of philosophy alone are blind to the power of good will.

It is, therefore, the duty of intelligent judges to destroy those who heap infamy upon the city and to reward those who are responsible in some degree for the tributes paid to her, more than you reward the athletes who are crowned in the great games, seeing that they win for the city a greater and more fitting glory than any athlete;

Being assured, therefore, that I am of this mind, and that I believe that whatever you decide will be for my good and to my advantage, let each one cast his vote as he pleases and is inclined.

For they saw that in cases of contract the judges were not in the habit of indulging their sense of equity but were strictly faithful to the laws;

and that they did not in trying others seek to make it safe for themselves to disobey the law, but were indeed more severe on defaulters than were the injured themselves, since they believed that those who break down confidence in contracts do a greater injury to the poor than to the rich;

On the third question, six of the judges answered in the affirmative, and five in the negative.

On the first of these questions, ten of the judges answered in the affirmative, and one in the negative.

Six of the judges (including Lord Mansfield) were of the opinion that this common law right was not taken away by the statute 8th Anne;

Yet were you to say to him, I have heard that while in that state he went to the judge and bore witness against so-and-so to such and such, he would answer you that his testimony is not accepted, since he is not in his right mind — for all that he himself has accepted from him his testimony to the presence of the prophet in the wall

When workmen and subaltern employees plucked up courage to bring actions against their masters, orthodox political economy was already in the ascendant, and those judges who had minds above mere empirical routine had one leading idea, that all would be well in the best of possible competitive worlds if one could only reduce all human relations to contract.

The conclusion is that judges ought to be very careful about committing themselves to fashionable economic theories:

An action will not lie against a judge for any words used by him in his judicial capacity in a court of justice.

our judges are too few in number;