Administration of justice

"I should be extremely sorry to find that in a fictitious proceeding, instituted for the more easy attaining of justice, different rules were to obtain in the different Courts."

"In drawing an inference or conclusion from facts proved, regard must always be had to the nature of the particular case, and the facility that appears to be afforded, either of explanation or contradiction. No person is to be required to explain or contradict, until enough has been proved to warrant a reasonable and just conclusion against him, in the absence of explanation or contradiction."

"Justice can be peaceably and effectually administered there only where there is recognised authority and adequate power."

"Impressed with a conviction that the due administration of justice is the firmest pillar of good Government, I have considered the first arrangement of the Judicial department as essential to the happiness of our Country, and to the stability of its political system; hence the selection of the fittest characters to expound the law, and dispense justice, has been an invariable object of my anxious concern."

"Like my brothers who sit with me, I am extremely reluctant to decide anything except what is necessary for the special case, because I believe by long experience that judgments come with far more weight and gravity when they come upon points which the Judges are bound to decide, and I believe that obiter dicta, like the proverbial chickens of destiny, come home to roost sooner or later in a very uncomfortable way to the Judges who have uttered them,1 and are a great source of embarrassment in future cases. Therefore I abstain from putting a construction on more than it is necessary to do for this particular case."

"As a general rule, I beg that it may be understood, that a case is not to be cut into parts, but that when it is known what the question in issue is, it must be met at once."

"I desire that after I have given the judgment of the Court, that judgment may not be talked about; I have given it upon my oath, and am answerable to my country for it. I have been before reminded that these things are not passing in a corner, but in the open face of the world; I hope I need not be admonished that I am to administer justice; if I have done amiss, let the wrath and indignation of Parliament be brought out against me; let me be impeached; I am ready to meet the storm whenever it comes, having at least one protection; the consciousness that I am right. In protecting the dignity of the Court, I do the best thing I can do for the public: for if my conduct here is extra-judicially arraigned, the administration of justice is arraigned and affronted, and that no man living shall do with impunity."

"It has been often said that Courts of justice have nothing to do with what are called principles of honour, and there is a well-known case in the books, with which those who practise in the Courts are veryfamiliar, in which, upon a counsel saying to Lord Thurlow, " Your lordship must think in point of honour" so and so, Lord Thurlow said, "Upon that ground you must apply to the person himself; I do not give any opinion upon that subject."

"We think the conscience of the case is entirely on your side."

"Equity in its general sense is that quality in the transactions of mankind which accords with natural justice, or with honesty and right. . . . But in its juridical sense, that is to say, as administered by the Courts, equity embraces a jurisdiction much less wide than the principles of natural justice; for there are many matters of natural justice which the Courts have wholly unprovided for, partly from the difficulty of framing rules to meet them and partly from the doubtful policy of attempting to give a legal sanction to duties of so-called imperfect obligation, such as charity, justice and kindness."

"Quant al Judge & Officer, le general regie prise en nostre Livers, est, lou le Court ad jurisdiction, nul action gist vers le Judge ou Officer : " No action will lie against a judge of record for any matter done by him in the exercise of his judicial functions."

"Whether I shall persuade others that I have acted right I know not. It is enough for me as an Englishman to be myself satisfied that I have done so."