Page:Letters of Junius, volume 1 (Woodfall, 1772).djvu/207

 on a judicial determination of a complete court, is precisely the same as that of an incapacity created by an act of parliament." Now for the Doctor.—The law, and the opinion of the judge are not always convertible terms, or one and the same thing; since it sometimes may happen that the judge may mistake the law. Commentaries, Vol. I. p. 71.

answer to Sir W. M. asserts, page 23, "that the returning officer is not a judicial, but a purely ministerial officer. His return is no judicial act."—At 'em again, Doctor. ''The sheriff, in his judicial capacity, is to hear and determine causes of 40 shillings value, and under, in his county court. He has also a judicial power in divers other civil cases. He is likewise to decide the elections of knights of the shire (subject to the control of the house of commons), to judge of the qualification of voters, and to return such as he shall DETERMINE to be duly elected''. Vide Commentaries, page 332. Vol. I.

conclusion shall we draw from such facts, and such arguments, such contradictions? I cannot express my opinion of the present ministry more exactly than in the