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For the most powerful individual in the state
will be cautious of committing any flagrant invasion
of another's rights, when he knows that
the fact of his oppression must be examined and
decided by twelve indifferent men, not appointed
till the hour of trial; and that, when ever the
fact is ascertained, the law must of course redress
it. No such thing — the mere lodging of the decision the security derived from
of the fact in such hands is not worth a straw:
the application of the redress must be lodged in the
same hands for the purpose here in question or
the decision might as well be in any other and the
fact is that in certain cases this conjunction actually
has place. What would it have availed Mr Wilkes
that the question of fact decision of the whether he had been apprehended
that the fact of his oppression, when by a warrant or no from the Earls of
Egremont and Halifax, Secretaries of State was
in the hands of a Jury, even throwing into the same
hands the question of law into the bargain: the
redress was also in their hands, and it the plaintiff in their
hands got it was £4000: in Lord Mansfield's it from Lord Mansfield he
would have been would have got a shilling. the law of his oppression was might also have been in the same hands and he not thirteen pence the better for it: the case was, the redress was also in the same hands, and he got £4000: from hands like L Mansfield's for example he would have got a shilling.
Identifier: | JB/035/071/001 "JB/" can not be assigned to a declared number type with value 35.
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035 |
constitutional code; evidence; procedure code |
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071 |
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001 |
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text sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10664 |
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