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25 May 1808
Of To existence of the salutary and conservative property thus ascribed to the institution,
this quality of impermanence is the on the part of the
members of the judicatory presents itself as an one essential
and indispensable condition.
In causes of the higher penal class more especially,
of those the judicatory afforded contained no other Judges members but
those such whose continuance in the situation was permanent, here would be
a determinate assemblage set of men in whom the rest of the community
would behold the masters of their lives and fortunes.
Being permanent, they would be either irremovable,
thence sitting for a term limited having no other bounds limits
than those of their own life and those set to it by their
own pleasure the arbitrary power thence derived derived from this circumstance in their situation would
be vested in themselves: if permanent again, but not indefinitely
permanent, being removable liable to be removed at the pleasure of some
other power of the head of the administrative department
– of the King, the arbitrary power this constituted
would be vested in the hands of the superior
functionary in whose will they have thus placed in a
situation of perpetual subjection and dependance.
In the first case their situation and the condition
of the people under it, would find some sort of an exemplification
in the case of the French Parliament.
In the other case, their situation, and the condition
of the people under it, would find a correspondent exemplification
in the case general state of the other Monarchies of Europe: the
Spanish, the Austrian, the Portugueze, the Neapolitan, the
Prussian, the Danish.
Identifier: | JB/035/134/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-05-25 |
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035 |
constitutional code; evidence; procedure code |
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134 |
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001 |
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text sheet |
1 |
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recto |
e2 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10727 |
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