JB/035/137/001

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26 May 1808

But if chosen by the King, the virtue of this part
of the judicatory in the character of a check upon the other
would vanish. The will of the permanent part
was the will of the King: the will of this impermanent part
is so too.

Abstraction made of the other fundamental principles of the constitution
abovementioned to the furnishing of this check, the absence of all
choice would may not be indispensable. The check might
be have been applied by choice in a manner and in a degree still more
effectual than by chance (so it has at first sight it would be apt to appear)
if the choice were made by some person other than
and independent of the King.

But in the first place if the choice were
made by a person constantly independent of the King
this such person, possessed of such a power would be a
sort of functionary sufficient to unknown to the
constitution as it stands or ever has stood: the existence
of such a person would of itself be sufficient to
render the constitution materially different from what it
was is or ever has been.

In the next place the difficult thing necessary
condition would have been the finding a sort of person
who should be constantly independent of the King:
and whatsoever may be the case now, antecedently
to the Revolution the accomplishment of this
condition would have been impossible scarcely been possible. By intimidation
or allurement, gaining this creation of Juries, the
King would have gained Juries: and gaining Juries,
he would have gained converted them into a sham
check, worse than no check at all, upon his Judges.

Identifier: | JB/035/137/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-26	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	137	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10730
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