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of whatever words the occasion could have called
for.
31.
Any such subsequent
engagement, had
it been taken, would
have been void, as
contrary to the
prior one.
But supposing for argument sake, it had, on that
occasion, been the intention of Ministers to put a
negative on the existing spot, and that intention,
ever so decided, and ever so explicitly declared. What
follows? that, by one of those inadvertencies, to which
then in high office and overwhelmed (as the Gentlemen
in question then were) with Business of a still more
important nature, are so much exposed, two engagements
inconsistent with each other, have, for a want of
recollection of those circumstances and incidents from
whence the inconsistency results, been unaware entered
into. In such case, what Says Justice? that the
prior engagement shall stand: that the posterior
engagement shall yield to it. The engagement with
your Memorialist was the work of a twelvemonth:
an engagement committed to Writing, and continuing
in a state of habitual and mutual recognition all
the time: the engagement with Gentlemen who wished
for another choice, was the breath of the Moment: if
irre concileable, which engagement ought to give way?
This posterior and flying engagement then was ab
initio a void one: it was between two parties only,
where there were three. For by the very nature of
the Business, as your Lordships have seen, your
Memorialist was a necessary and indispensable party
to any such engagement: and no engagement on
this head could be valid, which had not his concurrence
32.
Magnitude of
the present purchase,
no warrant
for not
adhering to the
choice
One objection your Memorialist has heard, which
though specious at the first view, vanishes at the
second. Your Lordships, he has been informed, or some
of your Lordships, having heard, that since the year
1782, (which is the date of the Verdict, by which the
value of the premisesstands assessed at £6,600) that value has
Identifier: | JB/118/061/001 "JB/" can not be assigned to a declared number type with value 118.
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31-32 |
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118 |
panopticon |
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061 |
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001 |
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copy/fair copy sheet |
2 |
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recto |
f37 / f38 |
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[[watermarks::[britannia with shield emblem]]] |
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patrick colquhoun |
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see note to letter 988, vol. 5 |
39115 |
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