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<head><!-- in pencil -->3</head> | |||
<p><note><!-- in pencil -->High Court</note> I make it the duty of the Prosecutor-General<lb/> | |||
to inform against any prevarication which he sees<lb/> | |||
cause to inspect on the part of <del>the</del> <add>a</add> Supreme Judge:<lb/> | |||
and that on pain of being responsible as an accomplice<lb/> | |||
for connivance. For I mean he should inform willing<lb/> | |||
or unwilling: if should any such thing <add>misfortune</add> take place<lb/> | |||
he of all others is most in the way of observing it.<lb/> | |||
If he is not willing obligation is necessary: if he is<lb/> | |||
willing, it is useful: in every invidious station<lb/> | |||
a man ought to have the plea of duty given him<lb/> | |||
as a cover to inclination. But <note>This is one of the cases in which real</note> liberty may depend<lb/> | |||
for its existence on the appearance of constraint.</p> | |||
<p>I do not make the prosecution of the prevaricating<lb/> | |||
supreme Judge depend altogether upon<lb/> | |||
the prosecution of a man who may possibly be<lb/> | |||
his enemy but is more likely to be his companion<lb/> | |||
and his friend: if I did, the two by joining<lb/> | |||
in criminality might do what they would with<lb/> | |||
impunity confederacy <add>between the two</add> would secure success and<lb/> | |||
impunity to any guilty enterprise.</p> | |||
<p>I do not however give the right of prosecution<lb/> | |||
to disappointed parties and individuals at<lb/> | |||
large: if I did, the <del>state</del> legislature would be<lb/> | |||
pestered with appeals on pretence of prosecution. <add>Under</add></p> | |||
<pb/> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
3
High Court I make it the duty of the Prosecutor-General
to inform against any prevarication which he sees
cause to inspect on the part of the a Supreme Judge:
and that on pain of being responsible as an accomplice
for connivance. For I mean he should inform willing
or unwilling: if should any such thing misfortune take place
he of all others is most in the way of observing it.
If he is not willing obligation is necessary: if he is
willing, it is useful: in every invidious station
a man ought to have the plea of duty given him
as a cover to inclination. But This is one of the cases in which real liberty may depend
for its existence on the appearance of constraint.
I do not make the prosecution of the prevaricating
supreme Judge depend altogether upon
the prosecution of a man who may possibly be
his enemy but is more likely to be his companion
and his friend: if I did, the two by joining
in criminality might do what they would with
impunity confederacy between the two would secure success and
impunity to any guilty enterprise.
I do not however give the right of prosecution
to disappointed parties and individuals at
large: if I did, the state legislature would be
pestered with appeals on pretence of prosecution. Under
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Identifier: | JB/051/209/003"JB/" can not be assigned to a declared number type with value 51. |
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051 |
evidence; procedure code |
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209 |
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003 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16374 |
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