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Maintenance
The example of a Person of the first dignity, which whom is might not be neither safe nor is it necessary to particularize, sitting upon this Bench during the hearing of his own cause and arraigning the conduct of his judges is not likely for more than one reason to meet with many imitators; probably not in that person himself, were the occasion to reoccurr.
Please can scarce imagine a regulation which if it were properly
effectually and compleatly to inforce it, would be productive of more
mischief; nor can it be even doubted but that the revival of it by
a single example of prosecution, would be productive of very ill
effects. The compleatly former event was necessary it would compleatly establish
a regular & incorrigible Tyranny of the Gentry [acting] in the capacity of Justices of the Peace over the common people. For the
good useful & necessary check of an Information is not to be administer'd
but at an expense which but a very few in comparison
can furnish singly. Justice therefore in this behalf is not
to be thought of unless either a common Juror be made
by several who regard look upon themselves as alike exposed
to oppression from a particular quarter, or the money be
supplied by some man Gentleman of opulence in whom either <add>whether the personal
disputes differences or whether it be a zeal for justice has raised up an antagonist
to the oppressor. The latter motive is not unfrequented, but is
not to be depended upon alone; nor is it distinguishable []
from the former. When therefore Counsel for Defts in prosecutions
of this sort, throw out hints of such an one's being at the bottom
of it, accompanied with allusions to his motives, [little regard
should be paid to it.]
motive of the Justice is every thing because no danger of mereignorance. effects of which redressed by a civil Action
We must lay hold of such handles as offer themselves to set
the machine of Law in motion; nor be guilty of the inconsistency
of not making injecting use of the end means to end, which we see to be necessary; when we will the means ends.
It is thus that the Law avails itself of the evidence even
sooner than Justice shall fail.
Informations particularly if not exclusively useful against Justices of the Peace, because
Grand Juries consisting of
Gentlemen of the County might be connected whether the Justice
be partial & through out the
a true Bill.
MAINTENANCE, [BR 2]
Identifier: | JB/070/285/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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285 |
maintenance |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
j honig & zoonen |
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cc1 |
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23400 |
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