★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1828 Aug. 19
Blackstone
In On the occasion of a prosecution, there are two sorts of persons
brought nominally on the stage: namely, the individual
the prosecutor, by whom the part of pursuer is really
acted, and the King who though in this case stilled termed
the plaintiff, taken bears generally speaking no part
in the affair.
Where he really actually does bear a part in the affair,
the King, that is to say, certain Ministers if by acting
in his name though in fact commonly without his
orders or knowledge, and accordingly without his
signature certain Ministers of his, that is to say the Lords
of the Treasury give orders order to the Attorney General
to prosecute institute and carry on the prosecution. Those This
order orders is necessary: for on those occasions, on the part at the charge
of the King, as on other occasions at the charge of the individual
prosecutor, fees are paid to the several functionaries actors
in the theatre who are employed on that side.
Here then Thus then is the real state of the case is involved in
confusion by the misrepresentation – the studied falshood, so
needlessly employed: the more common case where the King is not in effect pursuer
and the case in which he is pursuer being thus confounded
by the application made of the term plaintiff to him in
the case in which he does not act as such as well as in the
comparatively few cases in which he does act as such.
But in those cases in which not the King but an
individual acts as pursuer, and, as above is stiled prosecutor
the King has the power of stopping the prosecutor:
which power is sometimes exercised in his name by a
law functionary of his, to wit the Attorney General.
☞ To R.D. Quere as to Information you term. Can the King stop them?
Identifier: | JB/030/104/001 "JB/" can not be assigned to a declared number type with value 30.
|
|||
---|---|---|---|
1828-08-19 |
not numbered |
||
030 |
pannomion |
||
104 |
blackstone |
||
001 |
|||
text sheet |
1 |
||
recto |
d2 / e2 |
||
jeremy bentham |
|||
9611 |
|||