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
against society or against the state, has been committed, or when a
person is suspected of the one or the other description of crime, the
procurator fiscal of the district or burgh, (who, in many instances,
is an ignorant and bungling attorney, whose friends, or whose secret
services, have procured that office for him, as much on account of his
incapacity for making a decent living by the ordinary practice of his
profession, as for any other reason,) takes “a precognition,” that
is, a secret and inquisitorial examination of _ex-parte_ evidence,
which he transmits to the lord advocate as the ground upon which
that officer may or may not proceed, just as he pleases. If it please
the lord advocate that the party thus accused shall be indicted, he
prepares the necessary instruments; and the trial must be begun, if
the party accused shall petition the court for it, within forty days
of his being imprisoned, and held to bail, and finished within other
forty days; but in all cases which come before the lords of justiciary,
either in their sessional court in the Athens, or at their periodical
circuits in the different counties, the lord advocate is substantially
both the public prosecutor and the grand jury that sends the case to
trial. Where a special commission of _oyer_ and _terminer_ is issued
for the trial of persons accused of high treason, a grand jury, of not
fewer than seventeen, and not more than twenty-one, have a power of
returning as true, or ignoring the bills of indictment, if twelve of
their number shall be of that opinion. But, even with this limitation,
the power of the lord advocate, more especially as relates to political
offences, is such as to heighten the animosity, which the state of the
elective franchise is calculated to produce, between the comparatively
small portion of the Scottish people who are influenced by the hope or
possession of office, and the much larger portion who are under no such
influence.
The distance of the Athens from the seat of the executive and
legislative powers of the empire; and the colouring which it is
possible that a representation may receive from those who carry it to
headquarters, also tend to lessen the confidence which the people of
Scotland might otherwise be disposed to place in the men who form as it
were the official links of connexion between them and their King; and
when it is considered how much connexion and influence can do even at
headquarters, it is easy to imagine how much greater their extent must
be at such an outpost as the Athens.
Public-domain text, read in full here on John Shaqi.
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