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15
Cat.
Appendix III
Dean Andrews
2. Vansittart
1 8
36
As to motives, particularly
malice,
from J.B. to Chancellor
of Exchequer, Chief
Justice & P of
Kings Bench: particularly
Bailey and Park: viz.
1. Motives of plaintiff
irrevelant
2. — unknowable
Now then as to motive in general and malice in
particular as applied considered as having place and
operative in the situation of prosecutor, the Oxford Graduate
has found certain consideration which it is his wish
to submitt to the consideration of two classes of persons
viz. Chancellor of the Exchequer and Judges of in
general and in particular to the twelve, and most particularly
to the Chief Justice of the Kings Bench [+]
[+] but moreover to Mr
Justice Bailey, and
Mr Justice Park, in whom
is all Church of England
holiness
1. One is that in a case of alledged delinquency the motive by which the prosecution he informs
in the plaintiff whatsoever be his state and title
has been actuated are not worth knowing being for that they are nothing
to the purpose
2. That they are not capable of being known or worth while
to consideration of what the importance though if it
stand where it would be d, is altogether eclipsed superseded
and put out of Court by the preceding one.
3. To Chancellor of
Exchequer or
Judge indication of
them is mere instrument
for defeating
justice.
4. Thence a resource
for Defendant, if
guilty, and not otherwise
2
4 3. That they in the character of a ground for exemption
they are it is the sure and constant refuge resource of every Defendant
who is too plainly guilty to have any others
1
3.4. That they are as plainly and constantly the resource
of every Chancellor of the Exchequer whose wish it is, for
the exercise and extension of favouritism and or corrupt information
to stop prosecution, and of every Chief Justice of
the Kings Bench whose wish it it is to defeat justice
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