JB/096/349/001

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In the choice of his measures Mr Keeling
there are 3 things there seem to be it should seem for him has 3 things to consider: Time, Expence,
and probability of success.

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H. of Lords. From the House of Lords, there seems little
ground to hope. They possess no doubt,
for they have exercised a power of applying
affording in the first instance an extraordinary
remedy. But then there is no instance
I believe of its having been exercised with in
any cause arising out of the limits of this G.
Island Britan and Ireland. That It means that the power that which belongs
to it within these limits is the same
power that in the limits within
which this cause arises, belongs to the
Privy Council.

Pr. Council The powers of the Privy Council, like those
of many and many another Court, are
very ill defined. They are not known.
for where are they set forth?

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On the one hand extraordinary remedies will
not be wanted unless the ordinary ones
be found are apparently insufficient: on the other hand,
tho' wanted, they would probably not be granted.
It might indeed appear that the extraor- ordinary
remedy might at the long run prove effectual:
and yet, for the sake of speed
an extraordinary one might be to be wished
But it is not to be thought, expected that for the
sake of mere Speed, it would be granted.

From the House At whose hands soever therefore it be sought,
this I should suppose would be the condition
sine qua non of it's being granted,
Not the inefficacy insufficiency of the ordinary remedy
be made appear.

As to the extraordinary remedy, should it be
found necessary, four different quarters

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have been suggested proposed as those from
which he may expect it to look up to. The House
of Lords, The King's Bench, the Privy
Council, and the Parliament.
What is necessary There are two things for his obtaining his purpose
from any of these Courts: 1st Jurisdiction
over the cause in general under the
circumstances of his case. 2dly Power to
do the particular things which it is necessary that may be necessary
for his purpose relief makes requisite should be done.
The 3 first may or may not have general attribute to themselves
jurisdiction: they may or may not have
the particular powers requisite. The last
is the only one from in which one can be
sure of finding compleat undoubted Jurisdiction and all-effectual
power.

The misfortune is that probably it will
hardly exercise that power, unless without being satisfied of
it's not existing at any of the 3 other three:
that is, not existing any where else.

Keeling: /BR/1/

Identifier: | JB/096/349/001 "JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	legislation
Folio number	349	Info in main headings field	keeling
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31353
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