JB/124/027/001

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Art. 8. This will certainly be objected to as a very dangerous precedent
of giving a legislative power of interpreting the laws to the
King's Bench. It is true they exercise this power already: but it
is always under the Controul of a Jury, and many people will
be shocked at it when presented to them under a new form,
who now see it every day without observation.

The King's Bench will think you very impertinent in presuming
to give them a form for making their rules.

Answer

Answer

According to my apprehension there was no danger in
the case.[+] [+] The declared object,
and if I am not very
much mistaken, the
effect, of this provision,
was is not to enlarge
legislative power in
judicial hands, but
to narrow it. on the contrary, there seemed to me to be more
safety, the object of the provision was to encrease
the security of the innocent as well as the danger
to the guilty. In the preamble I give The reasons
why why the effect of tendency of it appeared to me in that light, are stated in the
preamble. If there be any mistake in any of those
reasons there be any thing of a mistake, either in point
of fact or in point of inference, I should be glad to
see it pointed out, and ready to correct it: but till that
be done, I must conclude the provision an unexceptionable
one, and deeming it so, I can while I d
continue to deem it so, I can not assume, it as a
thing of course that as a matter of course, that it will
be excepted to and disapproved by those who are to
judge.

In what instance is it that I give a legislative
power to the King's Bench? In an instance
in which it is impossible for Parliament to exercise
it, and it is for that reason and no other that I transfer
it for to the King's Bench from Parliament. [+] [+] As often as I set
up a fence, I can
shew the plan of it
to the Court of Kings
Bench, or the fence then
itself if they think it
worth while to look at it.
Could I do this to Parliament?
Would it be endurable that every time I set up a few stakes or a few bars, I should be coming to Parliament for a fresh law? In
what instances how many instances do not shou the Court exercise such a power
already?without my giving it them? In a thousand instances in
which

Identifier: | JB/124/027/001 "JB/" can not be assigned to a declared number type with value 124.
Date_1		Marginal Summary Numbering
Box	124	Main Headings	panopticon
Folio number	027	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	d1 / d2 / d3 / d4
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	41716
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