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those rare and casual exceptions – the constitution of the judicatory
will upon a little reflection appear to be rather impaired
than mended. If, in a case in which it is possi impossible
that the nature of the motives should be matter of proof, motives of
a personal nature are, or otherwise private nature, present as being in every human breast the strongest
the greatest probability of having produced in the instance of each
Member, thus free to attend or not, produced the phenomenon of his
attendance, on this supposition the state of things most
advantageous for justice is that even in those few instances, an extraordinary
occasions, as in ordinary ones, the Chancellor should be the
sole official Judge: and that even in a case of Scotch law, in with which upon
coming by into office, it frequently happens that he has not any the
slightest acquaintance.

In my hands and mine all alone rests is vested the power in cases of appeal which the
House has of doing administering justice. This power coincidently with justice, it is impossible for
me to exercise: yet, so far as depends upon myself, my determination
is that not to part with it. If upon in the interpretation thus
given to the declarations of made as above by the noble Lord and learned Lord by
this director of law and arbiter of human destiny there should be
any thing the slightest species of error, I should be happy eager to be able to correct it.
If this notice of the impossibility of substituting an efficient to a
confessedly impotent judicatory, be well grounded, here is a functio
among the functions exercised by one of the three branches of the legislature.
In House of Lords – is one which though in its nature and original
state a highly beneficent one is because a mere nuisances one of the worst of public
grievances: a shop for the sake of delay, an engine for the destruction
of justice. Nulli negabimus vendemus nulli nulli differemus justitiam. Behold the
text of Magna Charter, and unless what is above be a compleat mis-statement,
behold hand the comment made interpretation put upon it by the Chancellor
of George the third. Here, so far as concerns this branch of government, here
is not as in the case of James the 2d a pretended and constructive abdication
but a real and declared one. Till six years are at an end, it is impossible
for me, so much as to set about rendering you begin to do you justice, and in all that time I will not suffer you to receive it from any other hand. Such in implied and effect is the declaration said to have been
made by the sold acting Judge of the highest appellate judicatory, to 1 the
on the of 1808 the number of affected suitors, in the character of
appellenists or respondents.

Identifier: | JB/106/207/001
"JB/" can not be assigned to a declared number type with value 106.



Marginal Summary Numbering

11 or 4 - 12 or 5



Main Headings

scotch reform

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text sheet

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Page Numbering

c2 / c3 / e12


jeremy bentham



jeremy bentham

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