of any lawyers in my
territory; meaning, however, by lawyers, people who live by arguing
about law,--not people appointed to administer law; and people who
live by eloquently misrepresenting facts--not people appointed to
discover and plainly represent them.
Therefore, the youth of this landed aristocracy would be trained, in
my schools, to these two great callings, not _by_ which, but _in_
which, they are to live.
They would be trained, all of them, in perfect science of war, and in
perfect science of essential law. And from their body should be chosen
the captains and the judges of England, its advocates, and generally
its State officers, all such functions being held for fixed pay (as
already our officers of the Church and army are paid), and no function
connected with the administration of law ever paid by casual fee. And
the head of such family should, in his own right, having passed due
(and high) examination in the science of law, and not otherwise, be a
judge, law-ward or Lord, having jurisdiction both in civil and
criminal cases, such as our present judges have, after such case shall
have been fully represented before, and received verdict from, a jury,
composed exclusively of the middle or lower orders, and in which no
member of the aristocracy should sit. But from the decision of these
juries, or from the Lord's sentence, there should be a final appeal to
a tribunal, the highest in the land, held solely in the King's name,
and over which, in the capital, the King himself should preside, and
therein give judgment on a fixed number of days in each year;--and, in
other places and at other times, judges appointed by election (under
certain conditions) out of any order of men in the State (the election
being national, not provincial): and all causes brought before these
judges should be decided, without appeal, by their own authority; not
by juries. This, then, recasting it for you into brief view, would be
the entire scheme of state authorities:--
154. (1) The King: exercising, as part both of his prerogative and his
duty, the office of a supreme judge at stated times in the central
court of appeal of his kingdom.
(2) Supreme judges appointed by national election; exercising sole
authority in courts of final appeal.
(3) Ordinary judges, holding the office hereditarily under conditions;
and with power to add to their number (and liable to have it increased
if necessary by the King's appointment); the of
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