Carlisle Patriot, 03 Dec 1825 - High Court of Delegates - BRISCO v. BRISCO

[petra.mi...@doctors.org.uk]

Saturday 03 Dec 1825   (p. 3, col. 3-4)

 

HIGH COURT OF DELEGATES, NOV. 24.

 

SIR WASTEL BRISCO v. LADY BRISCO.

 

The Judges present were, Drs. STODDART, DAUBENY, DODSON, GOSTLING, ADDAMS, and LEE.

 

As soon as they had taken their seats, the Registrar of the Court said, he had received a letter from Sir Wastel BRISCO, containing a communication to be made to the Court.

 

Dr. STODDART (Senior of the Commission) ordered it to be read, and the Registrar then read as follows.

 

"Mr. Registrar—I beg you will state to the High Court of Delegates that I had no intention whatever, at any time, to offer the smallest insult to that Honourable Court, that I beg leave to apologize to that Honourable Court for the expressions that escaped me in their presence at last Session, and that, in obedience to their high commands, I unequivocally retract them accordingly.          (Signed)          "W. BRISCO."

 

Dr. STODDART—Is that the whole?

 

Registrar—Here is another part.

 

Dr. STODDART—Let that be read also.

 

The Registrar then read the remainder:—

 

"Sir—considering the above submission to the Court, on my part, to be fully and complete, I now make my appeal to its justice, and pray the Court to deal out an equal measure of justice upon one of its own officers, who was knowingly and willingly guilty of the very same offence, but under more aggravated circumstances, against the dignity of the Honourable Court, and to pronounce the said offending officer to be in contempt, unless he shall consent to make a satisfactory apology to the Court, and retract the offensive expressions used by him in its presence.

 

"I am, Sir, very respectfully, your obedient servant,

                                         (Signed)          "W. BRISCO.

"Doctors' Commons, Nov. 22, 1825."

 

Dr. STODDART (after consulting with the other Judges)—This is a matter of great importance to the general administration of justice, and particularly to its administration in this Court.

 

The Judges retired for about ten minutes to deliberate, and on their return Dr. STODDART delivered the opinion of the Court. He said, the importance of this communication is such, that too great publicity cannot be given to it. I shall, therefore, read the letter once more, that it may be clearly understood by all present. (He then read the first part of the letter very audibly and distinctly, pausing between each paragraph, and continued: ) The Court has deliberated on this letter, and is of opinion that it contains a satisfactory apology. The Court cannot but give full credit to Sir Wastel BRISCO, for his declaration that he had no intention to offer any insult to it, and that he unequivocally retracts the expressions which escaped him at the last Session. This is a declaration which he owed to himself and to the Court to make, and in accepting which, the Court wishes to treat Sir Wastel with the same courtesy and respect which he has now shown to the Court, and which his station in society demands. So much for the first part of the communication.

 

In the second part, Sir Wastel BRISCO makes an appeal to the justice of the Court, and prays us to require from our own Officers a similar retraction of offensive expressions, applied by him, in the presence of the Court, to Sir Wastel. We have not those words distinctly before us, but we understand them to be words of a similar import to those uttered by Sir Wastel, which we have declared we must have treated as a contempt, if not retracted. He has now retracted them unequivocally, and we feel ourselves bound to call on the Practitioner of the Court to do the same. We shall, therefore, expect him to declare, that he apologizes to this Court for the expressions that escaped him in our presence at the last Session, and that he unequivocally retracts them. At the same time, we do not call on that gentleman to make any declaration at the present moment. If he is ready to make it now we shall be most happy to receive it; but, if he is not, we desire not to hear any thing else from him now. You, Mr. Registrar, will deliver to him a copy of Sir Wastel BRISCO's letter, and inform him that we expect his unequivocal retraction on the next Court Day, otherwise we shall be under the painful necessity of pronouncing him in contempt.

 

Mr. TOWNSEND immediately rose and said—Understanding that Sir Wastel BRISCO has made a full and complete apology to the Court for the words addressed by him to Mr. JENNER at the last Session, and has unequivocally retracted them, and that the Court has accepted that apology, I declare that I had no intention, at any time, to offer any insult to the Court. I beg leave to apologize to the Court for the expressions addressed by me in their presence to Sir Wastel BRISCO, and I unequivocally retract those expressions.

 

Dr. STODDART—The Court is satisfied with Mr. TOWNSEND's apology, and absolves him from all contempt of its authority; and the Court cannot but express its earnest hope that the occurrences which gave occasion to the proceedings of this day, may never again in any manner alluded to by any of the parties concerned.

 

Mr. JENNER.—My Lords, I beg to address a few words to your Lordships.

 

Dr. STODDART—Mr. JENNER, it is not at all desirable that any thing more should be said on this subject. The insult was offered to the Court, through an individual; but the Court by taking on itself to vindicate its dignity against that insult, took the insult off that individual: it no longer rests with him, but with the Court, to whom an apology has been made, and the Court is satisfied.

 

Mr. JENNER—My Lords, if the apology and retraction made by Sir Wastel BRISCO to the Court are to be considered as an apology and retraction also made to me, I am satisfied; otherwise I owe it to myself to say I am not satisfied.

 

Several of the Judges here expressed a wish to hear no more of the matter, which they considered to be entirely terminated by Sir Wastel BRISCO's unequivocal retraction.

 

Dr. STODDART—Does either of the parties pray any thing in this cause?

 

Mr. JENNER—Mr. GLENNIE on the last Court day prayed to be heard on his petition. I have received no act.

 

Dr. STODDART—How happens it, Mr. GLENNIE, that you have not delivered your Act. The Act ought to have been ready on the last Court day. The Court went as far as it could possibly go, in the exercise of its legal discretion, favourably towards Sir Wastel BRISCO, by not pronouncing him then to be in contempt, but allowing him to be heard on his petition. When we did so, we certainly meant him to expedite the cause as much as possible, and we desire now to know whether he means to proceed by Act, or to go before the whole Commission without an Act.

 

Mr. GLENNIE said he had no statement to make.

 

Mr. JENNER said, it was competent to him to repeat his prayer of last Court, that Sir Wastel BRISCO be pronounced in contempt; but as he did not wish to afford any matter of irritation, he would merely pray that Mr. GLENNIE be assigned to deliver his Act.

 

Dr. STODDART—Certainly; and with this intimation to Mr. GLENNIE, that if the act be not delivered three days before the next Session, this Court will proceed to enforce its monition, by pronouncing Sir Wastel BRISCO to be in contempt. Is there any thing else before the Court in this cause?

 

Dr. LEE, one of the Delegates, then rose, and desired that the Registrar should be directed to search for precedents, to see whether any other matrimonial cause had ever been so long as this cause has without coming to a decision.

 

Dr. STODDART—The parties make no further prayer in this cause, and the matter mentioned by the Learned Judge is only for the consideration of the Court, which makes no order on the subject at present.