JB/118/408/002

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13 May 1809

§. 4. Lord Chief Baron to the Sheriff in answer – to Sheriff Phillips and Defences.

Of the substance Three Four days after viz 9 April 1808
comes from the Lord Chief Baron to the Sheriff
an answer of the general complexion of which an intimation
has already just been given.

1. The fact of the permanence he admitts: for he not
only does not in any degree question it, but defends it by arguments:
and by arguments which apply to it even in the highest
degree.

2. To The inconsistency of it with the principle of the Constitution,
he gives a virtual admission, by his silence
observed by him to this point in his answer to the short letter in which this inconsistency
is alledged.

3. Its The consciousness of its repugnance to the clear letter of a positive law, he
also admitts in the same mode is proved by the has the same evidence for proof of it.

4. He asserts – and on the authority of his own experience
that from this permanence no not any the least inconvenience not so
much as "the least inconvenience" has ever arisen
in all that time. For neither does the change thus made
in the constitution nor the wilful and habitual disobedience
manifest towards Parliament appears to him
as consequences incidents to which that the appellation of inconvenience
can with propriety be applied.

5. The permanence, thus admitted by him, to be attached
to the condition of Special Jury in the Lord Chief Barons Court, having
been stated by the Sheriff as having for its cause the
operation of packing, and the truth of this indication allegation not
being disputed by the learned Judge, is therefore accordingly as above
compleatly admitted.

6. He accordingly views his endeavours the influence of his declared opinion to dissuade the
Sheriff from persevering in the attempt his design of endeavouring
to restore in this instance in question the acknowledged
principle constitution authority of Parliament.

Identifier: | JB/118/408/002 "JB/" can not be assigned to a declared number type with value 118.
Date_1	1812-09-13	Marginal Summary Numbering
Box	118	Main Headings	panopticon
Folio number	408	Info in main headings field	to ld sidmouth
Image	002	Titles	note (b) p. 2
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a12 / b2*** / e2*** / f12
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	draft of enclosure to letter 2190, vol. 8	ID Number	39462
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