JB/091/201/001

Click Here To Edit

27 Feby 1808

Hitherto whatsoever disobedience as towards Parliament
has been manifested by those Judges, has been manifested at
their peril. But by the law all peril is done away.
Suppose a direct the execution of one of these new regulations called for
and refused – called for by the party interested, and refused
by the Judges. Suppose a case in which costs are
by the regulation ordered to be given to the Plaintiff, and
these costs refused. What? refuse costs when the
Parliament has ordered them to be given? Oh yes, says
the Lord President, we have a discretion under these regulations
we have a discretion throughout, in regard to costs as well
as every thing else. For you see what the Act says
under this head: before this Act was passed whatever
among the regulations made by Parliament such as in our opinion

were not fit to be complied with carried into effect, were not complied with
by us but supposed to fall into disuse: this the Act taken notice
of in express terms: and but does it express any the
slightest disapprobation? none whatever: it therefore appears
the discretion thus exercised by us, and confirms it.

To be sure when a discretion which is thus exercised
ought to be a sound one: but so it always shall and
will be: for in giving us where it gives the Act gives us a "discretion", it (as in
§. 14.) it expressly requires enacts and declares that that "discretion"
shall be a "sound" one: and whatsoever⊞ ⊞ discretion we may exercise it may happen to us to exercise in regard to any other of the articles changes other parts articles of
this Act and the regulations that have been established in
pursuance of it, our obedience to this clause shall
and will be, as it ought to be, absolute and inviolate.

Identifier: | JB/091/201/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-27	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	201	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29197
Box Contents