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decision in this particular instance, cannot, 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. It was not by their private
Names, but ny their Names of Office, that these
Magistrates were appointed: they were appointed because
they were the 12 Judges, and chosen for a
purposed 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 Tryals, it was because it 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 was the only
Evidence that could teach 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 sufficient
Evidence, or no such decision could be conclusive.
Your Memorialist cannot forbear looking upon
Identifier: | JB/118/055/001 "JB/" can not be assigned to a declared number type with value 118.
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118 |
panopticon |
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055 |
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001 |
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copy/fair copy sheet |
2 |
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recto |
f25 / f26 |
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coles |
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patrick colquhoun |
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see note to letter 988, vol. 5 |
39109 |
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