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2
Escape
Observations with
Answers
which it is just as possible for Parliament itself to make
make laws of itself the law as to leave the business to it to be made by
the judicial Power. What power but the judicial
has made the law in the case of libel, sedition,
tort unlawful Assembly in &c &c in short all offences which are such only at
Common Law? — to say nothing of larceny, arson &c
where if the punishment is Statute law has interfered more
or less made in the appointment of the punishment
the definition of the offence has been made out purely
by Common Law? In short, what is the whole system
of the Common Law, but a s especially in the penal
branch of it, but a system of ex post-facto legislation?
Driven by necessity, I enable the judicial power to do
do a in a case no ways open to abuse by express commission from the legislative, in a case no
ways open to abuse, what without any such commission
it has been in use to do time out of mind in
a thousand instances, in cases open to abuse in the
highest degree that can be conceived.
As to the controul of a Jury, it exists in one case there is as much of it/it is the same
as much in the one case as in the other. My object is to enable them the
Jury to exercise it, with as little difficulty as possible and
danger of mistake, as possible. Where a sufficient
ground for a verdict can be made by the attestation representation
of place as a matter of fact cognizable by the senses, I
choose rather to give them the question of plain fact to
judge of than to send them a hunting after intentions,
a chase in which they are but too apt to be
bewildered by false lights.
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Identifier: | JB/124/027/002 "JB/" can not be assigned to a declared number type with value 124.
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124 |
panopticon |
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027 |
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002 |
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text sheet |
4 |
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recto |
d1 / d2 / d3 / d4 |
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41716 |
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