JB/549/085/001

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1831 Sept 19

Constitutional Code Ch XXV. Justice Minister
§.5. Difficultie function
Indirect

6

Of this non-conformity the what is the proof? Answer.
The fact that the Judge in question the Judgeor set of Judges to whom the
power belongs declares the existence of their failure. Here
then is the dispensation power; exercised with the most compliant
effect, in the most arbitrary and creative name
and exercised and the declared will of the Legislature
if it be a case ofbelonging to Statute law, or the presumed will of it
be a case belonging to Common alias written alias Judge
-made law, completely deaf essentially contravened, and all
of all expectations grounded in it struck with disappointment.

True it is - that it is not by the single will
of any such Judge or set of Judges that the this disastrous effect in question
is produced. AOur cooperation at least, (not to speak of more)
he or theyit must in each occasion have. But in neither the choice
of their human instruments now in the sort of inducements by which
they are brought to act were thus professing of justice by
any name difficult: no human human being too vile, no inducement
too vile to be employed. In this or that word
a letter , which the Judge is pleased to say ought to have
been , or one inserted which he is pleased to say ought
not to have been inserted, sufficient to produce the effect:
that in either case any doubt as to the meaning of the word
should have had place.

And in a case of this sort, by whom is it that
no conjunction with the Judge this power of giving impunity
for example to a parricide or other murderer at pleasure
as exercised. To this question, in the present occasion in
position asis determined answer can be given:no judicial precedent it is a matter
never enquired into: the English Judges know better than to enquire
into it, or suffer it to be enquired into. It may be this or that
Clerk acting employed in this or that one of the numerous
than useless offices kept up as foil for the purpose of extortion, to the
the profit and under the
superintendence of the Judge
It may be a Clerk in the
office of an Attorney employed
in the prosecution It

Identifier: | JB/549/085/001 "JB/" can not be assigned to a declared number type with value 549.
Date_1	1831-09-01	Marginal Summary Numbering
Box	549	Main Headings
Folio number	085	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number
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