JB/030/105/001

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1828 Aug. 29
Blackstone

A circumstance which What makes this fiction be needless, useless and mischievous
as it is, the more incongruous is its classing with
another fiction according to which in certain cases, the King
is spoken of in the character being a Judge: as if he this case were that
th on that occasion he acted in the character of a Judge.
This is the case wherever the judicatory in which the suit is
carried on is that termed the Court of King's Bench:
on which occasion the language is accordingly that the suit
is carried on before the King himself at Westminster.
If in this there were any truth, what a mockery would this be
of justice? what, the chance for impartiality? what need of the
formalities of Justice?

Of To this power of stopping and putting an end to a prosecutor
the written instrument by which exercise is given is termed a
Note prosequi or Nolle prosequi: and as it may be
issued at any time during the prosecution, as may it at
any time before the commencement of any prosecution,
and in this way and by the instrument, as well as by the instrument called a
pardon, impunity may be given to an officer offence of all
most every description, and to a vast extent, sufferers
by wrong divested of all remedy.

In this way the interests of the evil doer may be
more effectually served than by a pardon. For a pardon
passes through more formalities, and by various circumstances
is rendered more frequently and extensively known than a
Nolle prosequi: a functionary of a more elevated rank
(☞ To R.D. quere who) bears a part in it. Besides that
by an the instrument called a Nolle prosequi the effect of a compleat pardon
is produced: whereas by an instrument called a pardon
this effect can not be produced: for by an Act of Parliament
still in force there is a stamp duty upon of 40s upon every pardon so
that in forty shillings, a
pardon, is though it be a case in
which the grou pardon
has for its ground, real
or alledged, the pursuance
that the party so pursued
was not guilty of the offence
of which he was convicted.

Identifier: | JB/030/105/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1828-08-19	Marginal Summary Numbering	not numbered
Box	030	Main Headings	pannomion
Folio number	105	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	richard doane	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9612
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