JB/118/016/004

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persons claiming relief against a similar establishment
on the mere ground of vicinity have no title to relief:
and that a Minister who, after notice given
him of such decision, should, upon the mere ground of
vicinity take upon him to give such relief, would,
(except so far forth as in the present instance in
particular he may stand justified by the recent Act of
Parliament) act unconstitutionally and against law.

In vain, would it be urged, that though the persons
appointed commissioned for that purpose sit happened to be persons
standing already invested with that with the character of Judges,
they did not act as such, they did not act in their
judicial character, nor according to judicial forms, and
that therefore their particular decision in this particular instance
is not of such a nature can not, as in other
instances where decisions are given by the 12 Judges,
form a precedent capable of entering into the composition
of general law. – ⊞ ⊞ Such distinction would be a mere subtlety: subtility subtilty: It was not by their private names, but by their
names of office that they those Magistrates were appointed: they were
appointed because they were the 12 Judges, and chosen
for a purpose deemed competent to the cognizance
of the 12 Judges. If they did not sit and confer in public, it
was because in many cases it is not the custom for the
12 Judges to sit and confer in public. If they did
not hear particular evidence, as evidence is heard in trials, it
was because it were is not in any case the custom for
the 12 Judges so to hear evidence, and because the matter
of fact, as much as could be in the least useful for
the purpose of guiding their decision, was in its own nature
too notorious to stand in need of particular evidence.⊞ ⊞ View as the only evidence that could trash any thing: and this they had, as much as they thought fit to have, or they would not have decided. Their decision is of itself sufficient proof of their having had it sufficient evidence: or not such decision could be conclusive.

Identifier: | JB/118/016/004 "JB/" can not be assigned to a declared number type with value 118.
Date_1		Marginal Summary Numbering
Box	118	Main Headings	panopticon
Folio number	016	Info in main headings field	memorial
Image	004	Titles
Category	correspondence	Number of Pages	4
Recto/Verso	recto	Page Numbering	d1 f31 / d2 f32 / d3 f33 / d4 f34
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	draft of letter 988, vol. 5	ID Number	39070
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