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<!-- header and marginal summaries in pencil --> <p>6 <sic>Aug.</sic> 1808 30<lb/><note>To Mallet</note><lb/>30</p> <p><note>46 — 30<lb/>By this anomaly<lb/>the demand for individual<lb/>responsibility<lb/>is not lessened but<lb/><sic>encreased</sic></note></p> <p><del>But</del> For turning this anomalous feature in its favour,<lb/>is the Audit Board <add>however</add> the less of a judicatory? By writing<lb/>in chief to the functions of Judge those of plaintiff,<lb/>does it <add>the office</add> stand the less in and of those checks the utility,<lb/><add>of which</add> not to say the necessity, is so universally recognized<lb?>in the instance of all <add>its</add> ordinary<add>the</add> judicatories? <del>o</del> <note>[+] <add>and that</add> without a single<lb/>exception even in favour<lb/>of the very highest.</note></p> <p><note>47 — 31<lb/>It exercises <del><unclear>protracts</unclear></del> <add>within</add> <lb/><add>its field</add> the inquisitorial<lb/>power<lb/>exercised by the<lb/>Inquisitees &c<lb/>in theirs.</note></p> <p>On the contrary the demand for those checks is<lb/>but the more urgent: <!-- brackets in pencil --> [the powers <add>its powers</add> it exercises] are<lb/.<add>but</add> so much the stronger, so therefore ought <add>to be</add> the <add>its</add> checks.<lb/>It possesses and exercises those searching powers, which<lb/>are possessed and exercised by the Inquisitorial Courts.<lb/>the Inquisitions above mentioned. To the utmost extent<lb/>of <gap/> sufferance it is in fact a Court <add>an Inquisition</add> of Inquisition.<lb/>In the employing of <del><del>on</del> with application this mode <del>obnoxious</del></add> <del>their</del> name so unpopular<lb/>and obnoxious a name, I have no such purpose<lb/>as that of reproach <add>or <gap/></add>. In being what it is a Court of<lb/Inquisition, it is no more than what it ugh to be,<lb/>and must be <add>and what</add> to be of any use, <add>it ever</add> must be. In my<lb/>own instance what I have complained of is — not<lb/>the use made of these powers, but the abuse.</p> <p><note>48. 32<lb/>The propriety of<lb/>that power is<lb/>not here defended.</note></p> <!-- line in pencil across the page. Brackets in pencil --> {A judicatory which has divested itself of the faculty<lb/>of putting questions to a suitor whether in the station of<lb/>plaintiff or defendant, has divested itself of a power <add>one of the powers</add><lb/>indispensably necessary <add>the <gap/> of which</add> to its rendering <add>administering real</add> justice. It may<lb/>be and is <add>assuredly</add> — not the less well equipped for the purpose<lb/>of buying and multiplying fees: but by divesting itself of<lb/>the faculty of putting <add>making</add> the necessity questions <add>inquiries</add> it has divested<lb/>itself of the faculty of penetrating to the bottom of that<lb/>well which is the seat of truth the necessary foundation<lb/>of all real justice.]</p> <p><note>may be and is<lb/>not the less well adapted <Add>equipped</add><lb/>to <add>for</add> the purpose of keeping<lb/>fees <!-- brackets in pencil --> [to its own use]<lb/>but it is <gap/> rendered<lb/>itself destitute.</note></p> <!-- in the margin above this text --> <p><note>Whoso <add>(As who</add> reads my<lb/>Answers, should it be<lb/>their destiny to have any<lb/>other reader than my<lb/>inquisitor <sic>Mr</sic> Chief<lb/>Inspector will bear me<lb/>witness: if not in <add>by</add> <gap/><lb/>at any rate in<lb/>his mind — to me<lb/>there has been no fifth<lb/>clause.</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
6 Aug. 1808 30
To Mallet
30
46 — 30
By this anomaly
the demand for individual
responsibility
is not lessened but
encreased
But For turning this anomalous feature in its favour,
is the Audit Board however the less of a judicatory? By writing
in chief to the functions of Judge those of plaintiff,
does it the office stand the less in and of those checks the utility,
of which not to say the necessity, is so universally recognized<lb?>in the instance of all its ordinarythe judicatories? o [+] and that without a single
exception even in favour
of the very highest.
47 — 31
It exercises protracts within
its field the inquisitorial
power
exercised by the
Inquisitees &c
in theirs.
On the contrary the demand for those checks is
but the more urgent: [the powers its powers it exercises] are<lb/.but so much the stronger, so therefore ought to be the its checks.
It possesses and exercises those searching powers, which
are possessed and exercised by the Inquisitorial Courts.
the Inquisitions above mentioned. To the utmost extent
of sufferance it is in fact a Court an Inquisition of Inquisition.
In the employing of on with application this mode obnoxious</add> their name so unpopular
and obnoxious a name, I have no such purpose
as that of reproach or . In being what it is a Court of<lb/Inquisition, it is no more than what it ugh to be,
and must be and what to be of any use, it ever must be. In my
own instance what I have complained of is — not
the use made of these powers, but the abuse.
48. 32
The propriety of
that power is
not here defended.
{A judicatory which has divested itself of the faculty
of putting questions to a suitor whether in the station of
plaintiff or defendant, has divested itself of a power one of the powers
indispensably necessary the of which to its rendering administering real justice. It may
be and is assuredly — not the less well equipped for the purpose
of buying and multiplying fees: but by divesting itself of
the faculty of putting making the necessity questions inquiries it has divested
itself of the faculty of penetrating to the bottom of that
well which is the seat of truth the necessary foundation
of all real justice.]
may be and is
not the less well adapted equipped
to for the purpose of keeping
fees [to its own use]
but it is rendered
itself destitute.
Whoso (As who reads my
Answers, should it be
their destiny to have any
other reader than my
inquisitor Mr Chief
Inspector will bear me
witness: if not in by
at any rate in
his mind — to me
there has been no fifth
clause.
Identifier: | JB/122/266/001"JB/" can not be assigned to a declared number type with value 122. |
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1808-08-06 |
46 or 30 - 48 or 32 |
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122 |
Panopticon |
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266 |
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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. |
D30 / E30 |
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TH 1806 |
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Andre Morellet |
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1806 |
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See note 5 to letter 1986, vol. 7 |
001 |
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