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1828. Decr.
Petition for Justice
1. Case
IV. Mendacity
3. practised.
III. practised
13. or 1.
III. Mendacity practised.
To this and
maleficent practice attached
the name.
Of these fictions what
was the object.
Usurpation of power
and profit given to the
14. or 2. Objects
Sole object, in every case,
power and profit from
the abuses.
15. or 3. Injuries
Parties injured:
1. By loss in power, the
other
2. In other respects the
people.
16. or 4. Objects
Suppose no such injury,
motive none.
17. or 5. Use to Judge Pretences False
Obtained by false pretence
has been every
fee thus obtained: an
office offence for which depredators
at large were
punished by pillory, transportation
&c: and are
still by transportation.
18. or 6. Fictions Number
Number of the instances
too great to be
hunted out.
19. or 7. Liberty Selling
Most flagitious the
Liberty – selling.
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III. practised
20. or 8. Not in initio
Not at the original
period but long after
did this device originate.
21. or 9.
But by benefit and
habit so intimately
associated is it in
Judges minds, with the
idea of Justice, that
by many, the extirpation
of it must be
regarded as an evil.
22. or 10. Use to Judge
From all such fictions
result two uses –
1. Confusion, thence uncertainty,
they infuse
into the whole body
of the Common Law.
2. Arbitrary power they
confer by means of the
Double.
23. or 11. Use to Judge
Vain plea, good the
effect in some instances.
Instance the Recovery
conveyance.
Good effect, lessening accumulation
of property,
thence the injury to
the form of Governmt.
Answer.
1. This but one out of
scores.
2. Merit none.
Motives were
1. Fear of King's displeasure
and loss of Office.
2. Gain, by the share of
profit in the conveyancing
business.
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III. practiced.
24. or 12. Use to Judge
Scandalous at the
same time the example
set by the false pretence
of giving the
property of the crier
of the Court as an equivalent
taken to any
amount, in the ground
of this fiction, from
persons in any number.
25. or 13.
Now a days, the public
eye would be a
bar to such an enormity;
but in those
days there was no
public. No newspapers
scarce a printed book.
26. or 14. Mischievous
If by fiction good in
any shape can not
be done, burthen of
proof lies on defenders.
27. or 15. Mischievous
In no shape can
evil not be done by
it.
Suppose a circumstance
by which homicide
would be
made murder.
Allow a Judge power
to feign the existence
of it, you give him
power to murder all
within his power.
28. or 16. Mischievous
Of a fiction to this effect
an actually employed
instrument may
be seen in the word
malice: ascribed by a
Judge to an act in which
no ill will had place.
Identifier: | JB/081/044/001 "JB/" can not be assigned to a declared number type with value 81.
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1828-12 |
13 or 1 - 28 or 16 |
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081 |
petition for justice |
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044 |
petition for justice |
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001 |
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marginal summary sheet |
1 |
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recto |
e1 |
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john flowerdew colls |
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25831 |
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