JB/028/172/001

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5

by the Lord High Chancellor, an officer of his appointment. "Who,
"is there," it may be said, that did not know all this. I answer, they
for whose use alone these Commentaries were designed.

On learning Hearing that the persons to whom an the Appeal lies [from these Courts] be
are the King's Delegates, the Student hears what as far as gets such a notion against of the
it goes is true, and what answer matter as serves to prove what it
is brought given to prove, and as far as it goes is true.
Hearing that it is the King, by to whom the Appeal
lies, the nob he has perhaps a false idea notion, and if not
that he gets none at all. For if he sees He may understand by it that it is
not the Judge King that is to judge; if he understands that
there is not the King is not, he cannot see who else is.

All this The point which the observation is to prove, is that the jurisdiction exercised in these
Courts is derived from the Crown not from any foreign
potentate but from the Crown of England. A proposition
therefore which our Author takes for granted is
That a jurisdiction exercised by a Judge appointed from whence
by a native an appeal lies to a superior Judge
who is a native or appointed by a native, is a Jurisdiction
that cannot in any sense be said to be derived from a native. One should think
this could hardly be the case: for a thing fact perfectly
easy to conceive is that tho Judge the Judge of Appeals who received
is from the Court in question be
appointed by a native, the original
Judge may be of the Court in question shall be appointed by a foreigner. A much more
obvious proof as far as it goes and full as necessary as one is that the original
Judges is of the Court in question are all appointed by a natives:– Yours By to wit, by Officers that are
natives, and are themselves appointed by the King.
If the original Judge Judges themselves be appointed by a foreign potentate,
it is just as far from being true that the Jurisdiction

Identifier: | JB/028/172/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	172	Info in main headings field	common law law roman
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9437
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