committed to the Fleet in 1772, it appearing by
affidavit that he had compelled the poor wretch who sought to serve
him with a subpoena to devour both the parchment and the wax seal of
the court, and had then, after kicking him so savagely as to make him
insensible, ordered his body to be cast into the river. No amount of
irritation could justify such conduct. It is no contempt to tear up
the writ or subpoena in the presence of the officer of the court,
because, the service once lawfully effected, the court is indifferent
to the treatment of its stationery; but such behaviour, though lawful,
is childish. To obstruct a witness on his way to give evidence, or to
threaten him if he does give evidence, or to tamper with the jury, are
all serious contempts. In short, there is a divinity which hedges a
court of justice, and anybody who, by action or inaction, renders the
course of justice more difficult or dilatory than it otherwise would
be, incurs the penalty of contempt. Consider, for example, the case of
documents and letters. Prior to the issue of a writ, the owner of
documents and letters may destroy them, if he pleases--the fact of his
having done so, if litigation should ensue on the subject to which the
destroyed documents related, being only matter for comment--but the
moment a writ is issued the destruction by a defendant of any document
in his possession relating to the action is a grave contempt, for
which a duchess was lately sent to prison. There is something majestic
about this. No sooner is the aid of a court of law invoked than it
assumes a seizin of every scrap of writing which will assist it in its
investigation of the matter at issue between the parties, and to
destroy any such paper is to obstruct the court in its holy task, and
therefore a contempt.
To disobey a specific order of the court is, of course, contempt. The
old Court of Chancery had a great experience in this aspect of the
question. It was accustomed to issue many peremptory commands; it
forbade manufacturers to foul rivers, builders so to build as to
obstruct ancient lights, suitors to seek the hand in matrimony of its
female wards, Dissenting ministers from attempting to occupy the
pulpits from which their congregations had by vote ejected them, and
so on through almost all the business of this mortal life. It was more
ready to forbid than to command; but it would do either if justice
required it. And if you persisted in doing what the Co
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