A Speech on the Present State of the Law of the Country; Delivered in the House of Commons on Thursday, February 7, 1828 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1828 Excerpt: ... the Lord Chanceller never would consent to do, unless in cases where direct malversation was established. It had been laid down as a rule by the late Lord Eldon, from which no consideration, his lordship had been used to say, should induce him to depart, that however unfit a magistrate might be for his office, either from private conduct or party feeling, he would never strike that magistrate off the list, until he had been convicted of some offence by the verdict of a Court of Record. This was the resolution upon which Lord Eldon had always acted. No doubt his lordship felt that, as the magistrates gave their services gratis, they ought at least to be protected: but it was a rule which opened the door to very constant mischief and injustice; and he himself could, if necessary, quote many cases in which it had been most unfortunately persevered in. In looking, however, at the description of persons who were put into the commission, he was not at all satisfied that the choice was made with competent discretion; and upon this part of the question he might as well declare at once, that he had very great doubts as to the expediency of making clergymen magistrates. This was a course which, whenever it could be done conveniently, he should certainly be glad to see arrested. His opinion was, that a clerical magistrate, in uniting two very excellent characters, pretty commonly spoiled both; and the combination produced a sort of what the alchymists called tcrtiuin quid, applicable to very little indeed of beneficial purpose, and, indeed, comprising all the bad qualities of the two. (Hear, and laughter J There was the activity of the magistrate in an excessive degree--over-activity was (morally) a very high magisterial crime, and almost all the magistrates distingui...