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30 March
Evidence
☞ Omitt in at least – substitute a fresh Note
referring to History.
§. 4. Power of pursuing this interest with effect – how it fell into
the hands of the Judge.
At present In our day, the ideas annexed to the words legislative
power, judicial power, and consequently of the difference between the things
signified, is tolerably distinct (understanding here by legislative, supreme
legislature) are tolerably distinct.
In our days, both are in constant activity.
In those early days in those rude ages which gave
birth in which the foundation of the existing systems of procedure
were gradually laid jumbled put together, there was no such distinction, no such
constancy.
In the exercise of legislative authority, an occasional
and precarious sham was exercised by the great body, or a more
or less considerable portion of the great body of the people. Little
acknowledged right was scarce known on either any side. For defence against
external enemies, the power of the sword was in the hands
either of one or a few: and the power created principally chiefly
for that purpose, was applied occasionally to the purpose of
less urgency, the repression of national delinquency, the adjustment
of internal disputes differences.
Antient Rome, France and England – in a different
and more recent state – on to these three different fields let we
shall find the most instructive illustration us look for examples adapted to the purpose.
Identifier: | JB/058/192/001 "JB/" can not be assigned to a declared number type with value 58.
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power of pursuing the interest with effect - how it fell into the hands of the judge |
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