JB/050/091/001

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INFORMATION ex Officio

Objection
It is extremely improbable the Officers of the Crown should abuse it — to the oppression of
Answer
a man who is innocent.

Nolle prosequis too an unlimited
number. Fort. 358.
No knowing how many latent privileges
of this sort.

Let this be allowed—but

1st It is very possible that a man may have been guilty of an election, for instance of an
irregularity which deserved to be punished with a fine of £20 — here is a way of punishg p
him with an expence of twice two hundred.

I forget in what periodical publication
I have read, that the prosecution
of Mr Alman the Bookseller cost
him £144. odd shillings & pence —
the fact quantum of the Sum is probable; but I should
not chuse to authenticate it if I
were able.

2dly If the money with which the pros- Prosecution instead of being is set on foot [with any such view], instead of being of this, be of a kind the meritorious
— still the King's Officer may be misinstructed of the fact which inspired him with
the design

3dly Let it be allowed that a discretionary power of keeping and more punishing in this manner for direction
to the Crown<add> Administration not referable to any particular denomination of crimes be fitting to be so
were the fact of the disobligation certain: still the Officer may be misinstructed relative to
that fact — at present should the Deft's innocence, certainly respecting the Law of the Law but
respecting the arbitrary Law set up for the occasion in the breast of the Officer, to may be made appear even to
the satisfaction of that Officer, there is no relief — The party is ruined, the Atty General is
for it, and there is an end of it /it ends/ sorry, but there is no help for it.</add>

The Attorney general was moderate —
He put into his Information
no more that was is usual, nor above
2 or 300 so times more than was is necessary —
the offence was committed,
intelligence the witnesses were to be produced from
within a mile or two Judges were infallible
mistakes of fact
mistakes of fact cause of displeasure
from the place of Trial — the
Witnesses were few — The Trial
was at Nisi prius

4thly Admitting this improbability to him /respecting/ of intentional abuse on the part of the great Officer as great as shall be required, it must is scarcely no unreasonable
demand on the other hand that it shall be admitted to be as great with respect to the Judges: whose c The Judges who
whatever they have been accused of have never yet been accused of an undue hand in dispute
of the Crown — but the offence of this power, consists is in its being exercised in dispute of
three Judges: for whenever it is exercised with their concurrence it is just the same the case is the same as if it
it were lodged in them.

It is creating a secret tribunal for the punisht
of every man in the Kingdom in the
breast of the Atty General for the tried
of every man by rules of his own making
or of the made for him by God knows who besides
where the pleadings are foribus clausis & the same person is both Judge & Party.

These are the powers which are
present intrusted with In the learned
which there be any man
fit to hold, & beg I may be shewn
that I may fall down & worship at last.

Identifier: | JB/050/091/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	091	Info in main headings field	information ex officio
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16082
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