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<head>1831 Sept 20</head> | |||
<head>Const Code</head> | |||
<note>Ch. XXV Justice Minister<lb/> §5 Dispunition</note> | |||
<p>25</p> | |||
<p>Usurped thus by the<lb/> Clerk and the Judge<lb/> is legislative power.</p> | |||
<p>26</p> | |||
<p>If for such impunity<lb/>no English judge ever<lb/> received a bribe, causes<lb/> these—</p> | |||
<p>1. Criminal saw no<lb/> prospect of success — or<lb/> 2. To the Clerk the bribe<lb/> was given: or...<lb/> by regard for reputation<lb/> or fear of <hi rend="underline">prosecution</hi><lb/> judge was deterred<lb/> form acceptance: <lb/> of <hi rend="underline">prosecution</hi>, <hi rend="underline">punishment</hi><lb/> no judge<lb/> would be suffered to<lb/> receive if desirous:<lb/> cause, community of<lb/> sinister interest and<lb/> sympathy: whereas<lb/> by these aristocrats<lb/> impunity has always<lb/>been recurred to one<lb/> another, in grades<lb/> subordinate and superordinate<lb/> for all<lb/> official crimes.</p> | |||
<p>27.</p> | |||
<p>1. Authors the higher<lb/> judges. Inducements<lb/> arbitrary power:<lb/> life and death included: <lb/> not wonderful<lb/> unwillingness to part<lb/> with it.</p> | |||
<pb/> | |||
<p>2. At his ease in the judge:<lb/> the flaw he allows or<lb/> disallows: for allowance<lb/> his humanity is praised<lb/> for disallowance, justice.</p> | |||
<p>28.</p> | |||
<p>Source of profit more<lb/> substantial, multiplication<lb/> of crimes: renumeration by fees,<lb/> to judge or subordinate<lb/>in an Office of which<lb/>he has the patronage,<lb/> the more crimes the<lb/> more prosecution:<lb/> the more prosecutions,<lb/> the more fees.</p> | |||
<p>29.</p> | |||
<p>Such the force of custom<lb/> and habit in<lb/> expelling shame, no<lb/> judge scruples to avow<lb/> the deciding on grounds<lb/> foreign to the merits.<lb/> See Petition for Justice<lb/> &c.</p> | |||
<p>30.</p> | |||
<p>One day corruption <lb/> discorrupted and<lb/> eyes opened, what<lb/> will men think of<lb/>judges who could act<lb/>thus, legislators who<lb/> could leave them<lb/> unpunished, people who<lb/> could continue submission?</p> | |||
<p>31.</p> | |||
<p>III Grounds for <gap/><lb/> — a Ground what —<lb/> a justificative fact evidenced<lb/> as facts for<lb/>conviction are.</p> | |||
<pb/> | |||
<p>32.</p> | |||
<p>Under this Pannomion<lb/> proof <hi rend="underline">appropriate</hi> is<lb/> not less necessary to<lb/>remission than conviction.<lb/>In both cases<lb/> alike requisite is <lb/> proof of addition to<lb/>happiness.</p> | |||
<p>33.</p> | |||
<p>According to the abodes<lb/> of evidence holders, Justice<lb/> Minister will cause complete<lb/> the inquiry by himself<lb/> or judge's immediate<lb/> of the several judge-shires</p> | |||
<p>34.</p> | |||
<p>Not less incontrovertible<lb/> is the need of evidence<lb/> when to Prime Minister<lb/> this power is committed:<lb/> but the appropriate<lb/> evidence Prime Minister<lb/> has already in hand.</p> | |||
<p>35.</p> | |||
<p>As to relative time,<lb/> secured, till after conviction<lb/> will application<lb/> be made for<lb/> remission. Acquittal<lb/>expected, application <lb/><del>in</del> <add>is</add> confession of guilt;<lb/> consequence loss of reputation.<lb/>Conviction<lb/> expected still better<lb/> take the chance to<lb/> the last — a necessary<lb/> witness may die or<lb/>absent himself.</p> | |||
<p>Sole case where ante-<lb/> convictional remission<lb/> may be desirable,<lb/> elicitation<lb/> thus prevented and<lb/> reputation saved<lb/> from wound inflictible<lb/> & particular circumstance.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
1831 Sept 20
Const Code
Ch. XXV Justice Minister
§5 Dispunition
25
Usurped thus by the
Clerk and the Judge
is legislative power.
26
If for such impunity
no English judge ever
received a bribe, causes
these—
1. Criminal saw no
prospect of success — or
2. To the Clerk the bribe
was given: or...
by regard for reputation
or fear of prosecution
judge was deterred
form acceptance:
of prosecution, punishment
no judge
would be suffered to
receive if desirous:
cause, community of
sinister interest and
sympathy: whereas
by these aristocrats
impunity has always
been recurred to one
another, in grades
subordinate and superordinate
for all
official crimes.
27.
1. Authors the higher
judges. Inducements
arbitrary power:
life and death included:
not wonderful
unwillingness to part
with it.
---page break---
2. At his ease in the judge:
the flaw he allows or
disallows: for allowance
his humanity is praised
for disallowance, justice.
28.
Source of profit more
substantial, multiplication
of crimes: renumeration by fees,
to judge or subordinate
in an Office of which
he has the patronage,
the more crimes the
more prosecution:
the more prosecutions,
the more fees.
29.
Such the force of custom
and habit in
expelling shame, no
judge scruples to avow
the deciding on grounds
foreign to the merits.
See Petition for Justice
&c.
30.
One day corruption
discorrupted and
eyes opened, what
will men think of
judges who could act
thus, legislators who
could leave them
unpunished, people who
could continue submission?
31.
III Grounds for
— a Ground what —
a justificative fact evidenced
as facts for
conviction are.
---page break---
32.
Under this Pannomion
proof appropriate is
not less necessary to
remission than conviction.
In both cases
alike requisite is
proof of addition to
happiness.
33.
According to the abodes
of evidence holders, Justice
Minister will cause complete
the inquiry by himself
or judge's immediate
of the several judge-shires
34.
Not less incontrovertible
is the need of evidence
when to Prime Minister
this power is committed:
but the appropriate
evidence Prime Minister
has already in hand.
35.
As to relative time,
secured, till after conviction
will application
be made for
remission. Acquittal
expected, application
in is confession of guilt;
consequence loss of reputation.
Conviction
expected still better
take the chance to
the last — a necessary
witness may die or
absent himself.
Sole case where ante-
convictional remission
may be desirable,
elicitation
thus prevented and
reputation saved
from wound inflictible
& particular circumstance.
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Identifier: | JB/041/446/001"JB/" can not be assigned to a declared number type with value 41. |
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1831-09-20 |
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Marginal summary sheet |
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