Charles Sumner: his complete works, volume 14 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 14 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
“It was against right and justice, and against natural equity,
to allow them [the Mayor and Aldermen of London] their
certificate, wherein they are to try and judge their own cause.”
And then he says, in memorable language, which has made his name
famous:--
“Even an Act of Parliament, made against natural equity, as, to
make a man judge in his own case, is void in itself; for _jura
naturæ sunt immutabilia_, and they are _leges legum_.”[9]
Thus strongly and completely did he cover the present case, reaching
forward with judgment. According to him, even an Act of Parliament
making a man judge in his own case is void. But, Sir, he was not alone.
His great contemporary, and our teacher at this hour, Sir Edward Coke,
in a very famous case, known as _Bonham’s_, which I have not before
me now, but which is referred to in other cases, lays down the same
rule,--that a court of justice will not even recognize an Act of
Parliament, if it undertakes to make a man judge in his own case.[10]
But another judge, who, as lawyer and authority in courts down to this
day, perhaps excels even the two already cited,--I mean Lord Chief
Justice Holt,--has explained and developed this principle in masterly
language. I refer to what is known as Modern Reports, in the case of
_The City of London_ v. _Wood_, where he says:--
“I agree, where the city of London claims any freedom or
franchise to itself, there none of London shall be judge or
jury; for there they claim an interest to themselves against
the rest of mankind.”
He then explains the principle:--
Public-domain text, read in full here on John Shaqi.
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