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10 Augt 1808
J.B. to Mallett for Audit BoardV. Irresponsibility
Present Case
38 — 21.
Its favourableness
was established by their
taking no notice of
the complaints made
in J.B.'s hasty Letter
praying respite. p.26
39 22
Setting aside casual
causes of displeasure,
it was not to be expected
that anonymous, invisible
& thence irresponsible
Judges should
afford relief to a stranger
complaining against
a subordinate with
whom they were in
daily habits. p.26
Irresponsibility
1. Impropriety of
40 23.
Personal conscience
& sympathy towards
their subordinates are
the only considerations
by which Judges in
such a situation could
reasonably be expected
to be influenced. p.27
Reasons
41 24
In the case of the
judicature, the Judges
being as above, anonymous,
invisible and irresponsible,
do not
like the Westmr Hall
Judges give reasons
p.28
42 — 25
The Chancellor, the
highest Judge, acts
under the virtual
obligatory custom of
giving reasons & is
thus individually responsible.
Hence no one who
should have a complaint
against a Master wod
regard his cause as
hopeless, how favourable
so can the disposition of
ye Chancellor towards the
Master were known to be
V. Irresponsibility
Audit & Judicatory
43 — 26.
Objection 1 — The Board
is not a judicatory.
p.29
44 — 27.
Answer — Yes it is,
it is a judicatory in
which the functions of
Plff are combined with
those of Judge —
p. 29
45 — 28
On the Continent,
much business is done
by Judicatories thus
constituted —
1, In Germany criminal
business at large mode
inquisitorio
2. So in Spain and Portugal
criminal business
in offences agt Religion
p.29*
46 29.
In a Court of Claims
that state of things is
reversed. The functions
combined with those of
the Judge are those
of ye Deft. p. 29*
47. 30
By this anomaly the
demand for individual
responsibility is not
lessened but encreased
p.30
48. 31
Its exercises within
its field the Inquisitorial
powers exercised by
the Inquisition &c —
in theirs. p.30
49. 32
The propriety of that
power is not here disputed.
p.30
50 33
It was not by the
exercise of these powers
that the Inquisition considered
itself so justly
odious & terrible, but by
ye anonymousness &
invisibility of its Judges,
added to the nature of
ye offences of which it took
cognizance. p.31
V. Irresponsibility
1. Impropriety of
50 — 35 1
Two modes by either
of which a Judge may
be rendered individually
responsible for his conduct
1. By speech, when the
place he speaks in is
open to ye public —
2. By writing when his
signature is annext
to the acts.
The 2d mode is the
one adapted to the
judicatory in question
but not observed by it
p.37
Objection — Ill will
52. 35.
Objection 2. On this plan
of individual responsibility
the Commrs would be exposed
to the ill-will on
the part of Accountants,
the fear of which might
exercise a sinister interest,
dangerous to their
probity. p.33
53 — 86.
This supposed mischief
is not found to have
place even in the case
of those Judges who besides
being known as the
authors of their own acts
act singly. viz. the Chancellor
and ye Master of
ye Rolls. p.33
V. Irresponsibility
54 37
Where a man in power
is out of the reach of
Responsibility. Reason
instead of correcting
irritates.
Conclusion
55 38
Of When the instances
in which abuse has place
in, so few do the instances
necessary to the correction
of it concurr, that when
they do, it a man's
duty to put them to
use. p.
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Identifier: | JB/122/038/001 "JB/" can not be assigned to a declared number type with value 122.
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1808-08-10 |
[[marginal_summary_numbering::38 [or] 21 - 55 [or] 38]] |
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122 |
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038 |
JB to Mallett for Audit Board |
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001 |
Irresponsibility |
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Marginal summary sheet |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D3 |
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001 |
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