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I know not what will be satisfaction of Englishmen to whom it may as yet be new at hearing what the state of the Law,
a point that now comes in turn to be consider'd.
'tis a truth which Not that I believe it is absolutely unknown to any one into whose hands this book has any chance
of coming , that to a certain degree his fortune exposed without refuge to the resentments of an Officer who is a
the immediate and unresisting instrument of ministerial Will, but what peculiar facilities and conveniences the
Law (that is i.e. the practise of those Officers themselves which in this behalf as it seems, makes [the Law]
has furnished for their purpose gratifying them, is not quite so much known as it deserves to be
expansiveness of Information to the Crown
like those bodies whose unwieldy strength
stands, in the way of their own
It falls by the unwillingness of it's own strength
The power of the Attorney General to file Information ex Officio to the knowledge of every one has been of late much
of by some who have happened to be the objects of it, (so apt are men to be decided in the opinion of a power begs it and for that very reason perhaps been
cherished by others: who observing wh the extreme difficulties which have been experienced
tho' with it's assistance in punishing those the utterance of publications those which a good Citizen is very
justifiable in condemning : wishing to see suppressed are not to be wonder'd at if they have not been solicitous for
deflection from that a power which when entire has been found inadequate to it's end.
If it directed of these accompaniments whose
declared end is seems to be abuse & which can possibly have no
other & which wage equal war against innocence whose
& against guilt; & which can only be adapted for the
former purpose, when there are other
methods for pursuing exclusively the
latter
It has been in consequence, canvassed, defended, & for from these causes, as it should seem, conformed.
But wherefore is all this expense endured —
Why are offices kept on foot, which to swallow
up alive both criminal & pursuer?
The truth is, there is no reason to think
they imagined any thing about the matter:
Costs were not given, on any occasion
to either side party whether King or Subject by the Common Law, nor is
this article a meditated exception taken from out of a general
Rule, but an unheeded remnant of a general rule not brought
raised to it's present narrowness by ample
& numerous exceptions. & this reason is like many others in a Book
in which many ingenious reasons are substituted
for the of barbarian instinct, where the matter would punish them & many
miserable ones whom no better are to be
had; & out of which (sooner than from any one or more shall find) any more he may
learn to make a reason for any one
thing as well as for any other.
If there are is any attempt recorded
in the Parliamentary annals to introduce bring
the Justice is to and the Law in this point
into coincidence, where this vapid reason
was put forward in the room of the
more substantial ones [which were kept] behind
the Author would have done well to have
informed us of it.
Identifier: | JB/050/092/001 "JB/" can not be assigned to a declared number type with value 50.
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050 |
procedure code |
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092 |
information ex officio |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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16083 |
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