★ 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
1826. Septr. 22
Constitutional Code. Ch. IX §.17 Supplement
4. Cause 1. Virtual impunity. This cause springs has for
its source two superior its source in two higher causes. 1. Expence of prosecution as applied
to . 2. to delinquency on the part of the functionaries in question. 2. Constant Necessary, and Notorious partiality in their favour on the part
of those all those by whom in case of prosecution they can be judged. That expence
of . Even in case of 1. As to expence of prosecution, – even were there the most perfect assurance of fair
trial, the such is the expence of prosecution as to suffice
not merely to deter but absolutely to incapacitate from prosecution
the vast majority of those who are stand lie exposed to injury
at their hands. But, except in a comparatively few individual instances,
in which, on the side of prosecution, many have been happened to be plentiful, or
passion, or public affection have got the better of self-regarding
prudence, the contemplation of the assured partiality where on the part of their partners in situations those their superordinates, who being their partners in sinister interest are as the well in the case in every in question to their Judge,
has sufficed to place for deterring from the last all attempts at remedy judicial remedy those sufferers whom unopulence has not incapacitated.
2. As to partiality The only judicatory in which for official misconduct delinquency
a Justice of the Peace can be prosecuted sued is the King's Bench
a judicatory composed of four Judges⊞ ⊞ located all by the King, dislocable by sine no authority but that of the King and the Houses of Parliament in conjunction, and linked to Justices of with the subordinate Judges in question
the Peace as under English Government almost all functionaries are to one another by the community of sinister interest. Justices of
Peace are either Members of Parliament – of one or other of the
two Houses, or persons associated by with them by convivial as well as
by official habits. with those Members of the Legislature
Common to them all is the same Aristocratical and sinister
interest. Of the supreme Judicatory, In that same King's Bench the Judge presiding and
leading Judge only intituled Lord, and either being or looking to be a Member of
the Lords House, and commonly before he was at the time of his beingmade Judge
a Member of the Lower, called though the House other Houses
has is always, as strongly as it is possible to be, imbued with
the same . and if supposing it possible that fees are official commonly
committed by him possible he should ever be prosecuted
only before the one offence, and by the other .
Being
Identifier: | JB/039/220/001 "JB/" can not be assigned to a declared number type with value 39.
|
|||
---|---|---|---|
1826-09-22 |
|||
039 |
constitutional code |
||
220 |
const. code ch. ix supplement |
||
001 |
|||
text sheet |
1 |
||
recto |
c2 / e2 |
||
jeremy bentham |
j whatman turkey mill 1826 |
||
jonathan blenman |
|||
1826 |
|||
12227 |
|||