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<!-- header and marginal summaries in pencil --> <p>6 <sic>Aug.</sic> 1808 33<lb/><note>To Mallet</note><lb/>33</p> <p><note>51 — 34<lb/>Objection 2. In<lb/>this plan of individual<lb/>responsibility<lb/>the | <!-- header and marginal summaries in pencil --> <p>6 <sic>Aug.</sic> 1808 33<lb/><note>To Mallet</note><lb/>33</p> <p><note>51 — 34<lb/>Objection 2. In<lb/>this plan of individual<lb/>responsibility<lb/>the Commissioners<lb/>would be exposed<lb/>to <del><gap/></del> ill-will on<lb/>the part of Accountants,<lb/>the<lb/>fear of which <del>would</del> <add>might</add><lb/>exercise a singular<lb/>influence, dangerous<lb/>to their probity.</note></p> <p><add>But</add> One office, will it be said <add>I hear it said</add> is <add>though it be</add> an invidious <add>admitting it to be a judicial</add> office<lb/>and the <add>an</add> offence which <add>in the exercise of it</add> we are liable <add>exposed</add> to give to individuals,<lb/>many of whom will be of high <unclear>accrual</unclear> and<lb/>proportionable influence, together with the personal inconvenience<lb/><add>to ourselves</add> which <del>may be the</del> are liable to be among<lb/>the consequences of that offence, may in <del>our</del> a situation<lb/>such as ours be rather a <gap/> <del>for</del> <add>to</add> probity than<lb/>a security for it?</p> <p>In <del>the</del> <add>an</add> argument of this sort, <del>the argument</del> <add>an obvious</add><lb/>answer, though not direct, is not <add>perhaps</add> the less satisfactory <add><gap/></add><lb/>Good in the instance of the judicatory, it should be equally<lb/>good in the instance of these higher judicatories, <add>to which</add> in<lb/>the instance of which any proposition for applying<lb/>it would not be heard <add>received</add> but with misted indignation.</p> <p><note>52. 35.<lb/>This supposed<lb/>mischief is not<lb/>found to have place<lb/><add>even</add> in the case of those<lb/>Judges, who besides<lb/>being known as<lb/>the author of<lb/><unclear>their own</unclear> <gap/><lb/>act singly.<lb/>viz. the Chancellor<lb/>and the Master of<lb/>the Rolls.</note></p> <p>The <add>Lord High</add> Chancellor for instance, and the Master of the<lb/>Rolls, are the circumstances in which they are placed less<lb/>invidious on that score. Would it be regarded as<lb/>any advantage gained to justice, if the Chancellor<lb/>instead of prefacing each decree by a speech, or which<lb/>in relation to the several points in question, the consideration<lb/>by which under the name of reason the judgment formed<lb/>by him was <add>has been</add> determined, are made known to an<lb/>alternative and scrutinizing audience <add>auditory</add>?</p> <p>The Chancellor is but one <add>person</add>, and from <del>the</del> <add>in any</add> offence<lb/>which any degree of his might have the effect of giving<lb/>to an individual, howsoever armed with power and influence<lb/>in the status of suitors, he has no one else to share<lb/>with him, and join with him in the formation of a shield <add><del>any</del> <sic>encrease</sic> of the function of self-defence</add> <lb/>for the use of self-defence. The Commissioners, are on each<lb/>occasion it seems, several persons: and in that respect they<lb/><add>would</add> <lb/><!-- continues in margin --> would in comparison<lb/>with the Chancellor<lb/>whose situation in this<lb/>any more than in other<lb/>respects, have never<lb/>yet been regarded<lb/>as affording to the<lb/>possessor of it any<lb/>great matter for complaint<lb/>enjoy a proportionable<lb/>advantage.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
6 Aug. 1808 33
To Mallet
33
51 — 34
Objection 2. In
this plan of individual
responsibility
the Commissioners
would be exposed
to ill-will on
the part of Accountants,
the
fear of which would might
exercise a singular
influence, dangerous
to their probity.
But One office, will it be said I hear it said is though it be an invidious admitting it to be a judicial office
and the an offence which in the exercise of it we are liable exposed to give to individuals,
many of whom will be of high accrual and
proportionable influence, together with the personal inconvenience
to ourselves which may be the are liable to be among
the consequences of that offence, may in our a situation
such as ours be rather a for to probity than
a security for it?
In the an argument of this sort, the argument an obvious
answer, though not direct, is not perhaps the less satisfactory
Good in the instance of the judicatory, it should be equally
good in the instance of these higher judicatories, to which in
the instance of which any proposition for applying
it would not be heard received but with misted indignation.
52. 35.
This supposed
mischief is not
found to have place
even in the case of those
Judges, who besides
being known as
the author of
their own
act singly.
viz. the Chancellor
and the Master of
the Rolls.
The Lord High Chancellor for instance, and the Master of the
Rolls, are the circumstances in which they are placed less
invidious on that score. Would it be regarded as
any advantage gained to justice, if the Chancellor
instead of prefacing each decree by a speech, or which
in relation to the several points in question, the consideration
by which under the name of reason the judgment formed
by him was has been determined, are made known to an
alternative and scrutinizing audience auditory?
The Chancellor is but one person, and from the in any offence
which any degree of his might have the effect of giving
to an individual, howsoever armed with power and influence
in the status of suitors, he has no one else to share
with him, and join with him in the formation of a shield any encrease of the function of self-defence
for the use of self-defence. The Commissioners, are on each
occasion it seems, several persons: and in that respect they
would
would in comparison
with the Chancellor
whose situation in this
any more than in other
respects, have never
yet been regarded
as affording to the
possessor of it any
great matter for complaint
enjoy a proportionable
advantage.
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Identifier: | JB/122/269/001"JB/" can not be assigned to a declared number type with value 122. |
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1808-08-06 |
51 or 34 - 52 or 35 |
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122 |
Panopticon |
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269 |
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001 |
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Text sheet |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
D33 / E33 |
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See note 5 to letter 1986, vol. 7 |
001 |
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