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decision in this particular instance can not, as in
other instances when 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 subtilty: It was not by their private
names, but by their names of office that these
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 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: it or no such
decision could be conclusive.
Your Memorialist can not forbear looking up-
-on
Identifier: | JB/118/091/003 "JB/" can not be assigned to a declared number type with value 118.
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118 |
panopticon |
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091 |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f23 / f24 / f25 / f26 |
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39145 |
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