JB/121/347/001

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3 Apr 1802 Imputation ?
dispensing power 6

Mischief
1
Rectification of the
error is not enough —
Unless punished
the constitution is at
an end.

If, on the part of a superior member of the member of the Executive power —
such as a first Lord of the Treasury or a first Lord of the Admiralty or a Secretary of
State — misconstruction of an Act of Parliament, being
wilful, were not punished — and punished
wilful were to be seen to have been committed — and
seen not not seen to have been punished/enquired into were to remain unpunished — [in a word
were to escape being punished as an assumption of legislative
power] the subversion of the constitution — the conversion of the Monarchy into
from a limited into an absolute one would be not
only sure but speedy.

Misconstruction equally alike
wilful, would be put on every occasion on
Such then would be the course as often as a Minister had/saw any thing point
which the Minister of the Crown had any point
sort of point which he wished to do, carry and in the carrying of which he
to give, and for the doing of which he did not expect
apprehended was had any apprehension of finding difficulties on the part of
to have the concurrence of Parliament. [|] [|] The good measure
for the very worst of
Ministers will have a
hundred good measures
to carry for one bad
one as the greatest
liar speaks truth a hundred
terms for one lie.

No good measures — I say
could take their course could travel the go on in
the old road the
through Parliament:
the bad ones would
be carried on through with still
less trouble to the Ministers,
and with none at all
to Parliament. Such,
in such a state of things,
would be the use and
virtue of a Parliament. On
this plan he would have every thing to gain —
nothing to lose. Some attempts In some instances the attempt might miscarry
the illegality of the measure might attract the notice of Parliament
and his proceeding might be reversed: the proceeding measure be set aside: but in others
ever and more either the measure itself or the illegality of it
would succeed. So in left unmarked, and succeed compleat
success would in all of these instances be the recompense of the crime.

So many cases instances of success are succeeded So much clear given: — so much
progress made towards despotism. on the road to/track of on the road to perfect compleat
and established despotism . established and unembarassed despotism.

2
Evidence in point
of the magnitude is
1. intrinsic 2 extrinsic.

Here each one alone
sufficient for the
purpose.

The wilfulness of pressure or absence of an structure point fact
to be judged capable of being preferred from either of two sources of evidence
intrinsic, and extrinsic: intrinsic the tenor of the instrument
thus construed: extrinsic, the situation and conduct of the
party in relation to the business from which gives given occasion the
reference thus made to the Act took its rise.

From either source, evidence sufficient to support
the inference may be collected. In the present case Your
Lordship will find in each source evidence sufficient to inf
support the inference, without any from the other.

Identifier: | JB/121/347/001 "JB/" can not be assigned to a declared number type with value 121.
Date_1	1802-04-03	Marginal Summary Numbering	Not numbered
Box	121	Main Headings	Panopticon
Folio number	347	Info in main headings field	Inessentialia? Dispensing power
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	D6
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
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