Thoughts on the Present Discontents, and Speeches, etc. by Edmund Burke
page 109 of 151 (72%)
page 109 of 151 (72%)
![]() | ![]() |
|
|
tolerate the illegality of our judgments, but whether we have a
right to substitute our occasional opinion in the place of law, so as to deprive the citizen of his franchise. SPEECH ON THE POWERS OF JURIES IN PROSECUTIONS FOR LIBELS MARCH, 1771 I have always understood that a superintendence over the doctrines, as well as the proceedings, of the courts of justice, was a principal object of the constitution of this House; that you were to watch at once over the lawyer and the law; that there should he an orthodox faith as well as proper works: and I have always looked with a degree of reverence and admiration on this mode of superintendence. For being totally disengaged from the detail of juridical practice, we come to something, perhaps, the better qualified, and certainly much the better disposed to assert the genuine principle of the laws; in which we can, as a body, have no other than an enlarged and a public interest. We have no common cause of a professional attachment, or professional emulations, to bias our minds; we have no foregone opinions, which, from obstinacy and false point of honour, we think ourselves at all events obliged to support. So that with our own minds perfectly disengaged from the exercise, we may superintend the execution of the national justice; which from this circumstance is better secured to the people than in any other country under heaven it can be. As our situation puts us in a proper condition, our power enables us to |
|


