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The object of the discipline enforced by the Court in case of contempt of court is not to vindicate the dignity of the Court or the person of the Judge, but to prevent undue interference with the administration of justice.
— Contempt of court
The object of the discipline enforced by the Court in case of contempt of court is not to vindicate the dignity of the Court or the person of the Judge, but to prevent undue interference with the administration of justice.
There are three different sorts of contempt. One kind of contempt is scandalizing the Court itself. There may be likewise a contempt of this Court, in abusing parties who are concerned in causes here. There may be also a contempt of this Court, in prejudicing mankind against persons before the cause is heard. There cannot be anything of greater consequence than to keep the streams of justice clear and pure, that parties may proceed with safety both to themselves and their characters.
Vus nus dirrez en un autre manere comment yl est plus procheyn heyr, ou vous demurrz sanz manger et beyre jekes demyn matyn enclos. (You shall tell us in another way how he was next heir, or you shall remain shut up without eating or drinking until to-morrow morning.)
It seems to me that this jurisdiction of committing for contempt being practically arbitrary and unlimited, should be most jealously and carefully watched, and exercised, if I may say so, with the greatest reluctance and the greatest anxiety on the part of Judges to see whether there is no other mode which is not open to the objection of arbitrariness, and which can be brought to bear upon the subject.
The law has armed the High Court of Justice with the power, and imposed on it the duty of preventing brevi manu and by summary proceedings any attempt to interfere with the administration of justice. It is on that ground, and not on any exaggerated notion of the dignity of individuals that insults to Judges are not allowed.
It is truly remarked that all the particular instances of contempts it would be endless to enumerate.
From the earliest period of our history this authority has been exercised. The Year-books record instances of such commitments.
The privilege of committing for contempt is inherent in every deliberative body invested with authority by the Constitution.
