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<p><!-- pencil -->9 Nov<hi rend="superscript">r</hi> 1810<lb/> | |||
'' | <!-- pencil --><head>Defence</head></p> | ||
<p>The persons <add>to whose private interests those of the community in general and</add> for whose benefit <del>the absurdity</del> the practice<lb/> | |||
the Navy in particular were thus to be sacrificed, and the practice<lb/> | |||
was to be disgraced with <add>corrupted by</add> this absurdity, were the <del>King</del><lb/> | |||
Queen's Advocate and the Queen's Proctor. At the head<lb/> | |||
of "her Majesty's Counsel learned in the common and civil laws<lb/> | |||
<del>of the</del> lawyers whose wisdom was to furnish the pretence<lb/> | |||
was Sir Charles Hodges, <add>fee-fed</add> Judge of the Prize Court, and<lb/> | |||
as such, by community of sinister interest intimately linked<lb/> | |||
with those two Law Officers his associates.</p> | |||
<p>In this state of things no wonder that in reference<lb/> | |||
made to them by the Queen's most excellent Majesty<lb/> | |||
in Counsel they were "humbly of opinion", that<lb/> | |||
<del>proceedings</del> notwithstanding all property in <add>prizes of</add> the description<lb/> | |||
of prizes in question had <add>for the benefit of captors</add> been put out of her Majestys<lb/> | |||
hands "proceedings in the Court of Admiralty against<lb/> | |||
"prizes taken by Your Majesty's ships of war, be" (say they)<lb/> | |||
"in Your Majestys name as formerly". <del>So they might</del><lb/> | |||
Had there been any use in it so they might have been made<lb/> | |||
yet the persons invested with those rights might have<lb/> | |||
been suffered to exercise the same liberty that persons<lb/> | |||
invested with any other rights are allowed to exercise<lb/> | |||
for the protection of those rights.<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> In criminal causes<lb/> | |||
in general the same<lb/> | |||
use is made of the Kings<lb/> | |||
name: yet in no criminal<lb/> | |||
cause is the prosecutor<lb/> | |||
debarred fro the choice<lb/> | |||
of his own lawyers.</note> But this was part and<lb/> | |||
parcel of the lawyer's branch of the <unclear><hi rend="underline">flask</hi></unclear> language. The<lb/> | |||
English if it was that <add>on those occasions</add> Captors should not be at liberty<lb/> | |||
to employ <del><gap/></del> either their own Advocates or under the<lb/> | |||
name of Proctors their own Attorneys but <del>for</del> should<lb/> | |||
find themselves under the necessity, whether they would or<lb/> | |||
no of employing those <add>the</add> Crown Lawyers; and for putting <add>giving</add><lb/> | |||
this interpretation upon it <add>translation to it</add>, the Judge of the Court whose<lb/> | |||
honorable opinion this was, was as such in possession of a<lb/> | |||
dictionary altogether competent and sufficient for the purpose.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
9 Novr 1810
Defence
The persons to whose private interests those of the community in general and for whose benefit the absurdity the practice
the Navy in particular were thus to be sacrificed, and the practice
was to be disgraced with corrupted by this absurdity, were the King
Queen's Advocate and the Queen's Proctor. At the head
of "her Majesty's Counsel learned in the common and civil laws
of the lawyers whose wisdom was to furnish the pretence
was Sir Charles Hodges, fee-fed Judge of the Prize Court, and
as such, by community of sinister interest intimately linked
with those two Law Officers his associates.
In this state of things no wonder that in reference
made to them by the Queen's most excellent Majesty
in Counsel they were "humbly of opinion", that
proceedings notwithstanding all property in prizes of the description
of prizes in question had for the benefit of captors been put out of her Majestys
hands "proceedings in the Court of Admiralty against
"prizes taken by Your Majesty's ships of war, be" (say they)
"in Your Majestys name as formerly". So they might
Had there been any use in it so they might have been made
yet the persons invested with those rights might have
been suffered to exercise the same liberty that persons
invested with any other rights are allowed to exercise
for the protection of those rights.⊞ ⊞ In criminal causes
in general the same
use is made of the Kings
name: yet in no criminal
cause is the prosecutor
debarred fro the choice
of his own lawyers. But this was part and
parcel of the lawyer's branch of the flask language. The
English if it was that on those occasions Captors should not be at liberty
to employ either their own Advocates or under the
name of Proctors their own Attorneys but for should
find themselves under the necessity, whether they would or
no of employing those the Crown Lawyers; and for putting giving
this interpretation upon it translation to it, the Judge of the Court whose
honorable opinion this was, was as such in possession of a
dictionary altogether competent and sufficient for the purpose.
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Identifier: | JB/547/052/001"JB/" can not be assigned to a declared number type with value 547. |
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1810-11-09 |
"or 9, or 10, or 11, or 12" |
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547 |
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052 |
Defence |
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001 |
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Text sheet |
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Jeremy Bentham |
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