The Modern Athens: A dissection and demonstration of men and things in the Scotch Capital.Mudie, Robert
General
The Modern Athens: A dissection and demonstration of men and things in the Scotch Capital.
Mudie, Robert
Edinburgh (Scotland) -- Description and travel
The state of the country representation, and the system of the burgh
government, would be in themselves sufficient to lay the ministerial
party in the Athens open to suspicion, and to fill the rest of the
inhabitants with discontent. But these are heightened by other
circumstances. The judges, and more especially the crown lawyers, have
a power over the people of Scotland, at which Englishmen would stand
aghast. The judges (no matter whether they exercise it or not) have,
directly or indirectly, the power of nominating every one of the jury
by which a Scotchman is tried,--or, if they have not this power in its
full extent now, they had it till very lately. In the case of ordinary
crimes, this power, though a theoretical imperfection, might not be
very dangerous in practice,--because, in ordinary crimes, there is
nothing to entice a judge away from the natural dictates and natural
course of justice; but, in offences of a political description, the
case must be different,--because all or at least a majority of the
judges, being persons who, at some period of their lives, are helped
forward by ministerial influence, cannot be supposed to be entirely
divested of those feelings of gratitude which are natural to all
classes and conditions of men.
The lord advocate of Scotland is, from the very nature of his office,
much more a political character than any judge. In all questions
between the King and his subjects, or between the people and the
criminal law, he is not only the King’s principal officer, but the
express representative of the King himself; and, except in the truly
kingly and glorious attribute of granting pardon, he has more ample
powers than the King has by the law of England. It is true, that,
through the instrumentality of his attorney-general, the King can
file warrants against such of his English subjects as are guilty of
offences, tending to injure his person, or subvert his government,
and bring them to trial without the intervention of a grand jury; and
it is also true, that this power has been exercised in cases where
neither the person nor the government of the King could have been
in the smallest danger; but still, great as this power is in itself,
and dangerous as the frequent exercise of it is to liberty, it is
nothing in comparison of what the Scotch lord advocate possesses. The
attorney-general is always understood to institute his proceedings in
consequence of a representation from the sovereign himself, or from
the great officers of the state; and, by law, it is strictly confined
to what are called state offences. The lord advocate, on the other
hand, is, of his own pleasure, and without necessary consultation
with any one, not only the public prosecutor in all cases of trial,
but the arbiter who decides who shall or shall not be tried; and, in
the latter capacity, he, of the plenitude of his own power, performs
all the functions of an English grand jury. When a crime, either
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account