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<p>2.  If <del>penal laws are of any</del> <add>of the criminal</add> the penal laws<lb/>
''This Page Has Not Been Transcribed Yet''
at present existing there are any that are of any<lb/>
 
use, this institution is proportionably mischievous.<lb/>
 
A handful of men sitting together in a close room<lb/>
 
not only licensed to secrecy but sworn to secrecy, a knot of men<lb/>
restrained by no human tie, neither of law nor<lb/>
of public opinion, determine without reason given<lb/>
or pretence of reason whether an offender shall be<lb/>
put to trial for his offence.  A dislike of the law,<lb/>
a dislike to the prosecutor, a liking to the defendant<lb/>
and above all a liking or disliking to this or<lb/>
that party, are sufficient and unquestionable guides<lb/>
in the exercise of this disposition.</p>
<p><hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> It is thus that<lb/>
a majority of four<lb/>
and twenty men<lb/>
chosen <add>accountable</add> by the nominee<lb/>
of the Crown, accountable<lb/>
to the Crown, <del><gap/></del> deal<lb/>
out pardons at random<lb/>
and put a negative<lb/>
<add>at pleasure</add> upon the execution of<lb/>
any law that comes<lb/>
under their cognizance.</note></p>
<p>By another part of its authority this Venetian<lb/>
conclave is not less favourable to vexation<lb/>
than by the former part to anarchy.  By taking<lb/>
upon themselves the province of the accuser, and<lb/>
calling their proceeding a Presentment instead<lb/>
of an Indictment it is <del>their</del> in their power at<lb/>
any time to stand between a calumniator and<lb/>
the punishment due to calumny.</p>
<p>The less they act, the less harm they do:  for<lb/>
good they can do none.</p>
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Latest revision as of 15:34, 27 August 2023

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2. If penal laws are of any of the criminal the penal laws
at present existing there are any that are of any
use, this institution is proportionably mischievous.
A handful of men sitting together in a close room
not only licensed to secrecy but sworn to secrecy, a knot of men
restrained by no human tie, neither of law nor
of public opinion, determine without reason given
or pretence of reason whether an offender shall be
put to trial for his offence. A dislike of the law,
a dislike to the prosecutor, a liking to the defendant
and above all a liking or disliking to this or
that party, are sufficient and unquestionable guides
in the exercise of this disposition.

It is thus that
a majority of four
and twenty men
chosen accountable by the nominee
of the Crown, accountable
to the Crown, deal
out pardons at random
and put a negative
at pleasure upon the execution of
any law that comes
under their cognizance.

By another part of its authority this Venetian
conclave is not less favourable to vexation
than by the former part to anarchy. By taking
upon themselves the province of the accuser, and
calling their proceeding a Presentment instead
of an Indictment it is their in their power at
any time to stand between a calumniator and
the punishment due to calumny.

The less they act, the less harm they do: for
good they can do none.


Identifier: | JB/097/178/003"JB/" can not be assigned to a declared number type with value 97.

Date_1

Marginal Summary Numbering

Box

097

Main Headings

Folio number

178

Info in main headings field

Image

003

Titles

Category

text sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

f1 / f2 / f3 / f4

Penner

jeremy bentham

Watermarks

[[watermarks::l munn [britannia with shield emblem]]]

Marginals

Paper Producer

benjamin constant

Corrections

Paper Produced in Year

Notes public

ID Number

31562

Box Contents

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