JB/050/123/001

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Certainty Counsel at Trials.
The difference must be
well attended to, by those
who would form to them-
-selves an unsophisticated
representation of the
rate of progress growth of our
own or any other Ju-
-risprudence, between the reason whereon an
institution may now be ... justified
& the motive whereon wherefrom
it was originally established —
A Man &c

A Man might be apt to Impute the origin of If any one should Prudently demand, according to the common opinion
this institution to a providential Zeal for Justice A Prudent usage say the Lawyers, established least
least guilt of so a nature might be snatched out of the hands of
the Law by the skill eloquence of an artful a skillfull pleader —
but he would be very much mistaken: But unluckily it was
considered ... that here, as usual, the Judge
might have the ... of the Scale; & have the
better chance . . . resemble for the Forfeiture —
For when the same questions were tried at the
suit of a private party, if we may believe
fn Edw. Coke, fn Inst. 317, Councilrs were as they are at this day "constantly allowed.
Certainly the accident of one person's happening to
prosecute rather than another, when the . . .<add>for a Ground which is done & over</add> makes no difference.
in the nature of that Crime.

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CERTAINTY STARE DECISISc Burn. 2.220</note>

A man could not at any one time tell whether
he would like or dislike .... Because he
might liked at one time one could not know
but that he might dislike at another: ... because
tho' they could tell at all time what he would
like or dislike they could not be certain to what
lengths. & . . .

While judges have a double standard ....
one for Statutes which they like, another for Statutes
which they dislike, the Law must continue afloat be perpetually
for ever: 1st because Judges are many and change
2do because tho' there were but one & he perpetual

Double constructionJudges confirming or dispensing
power
At one stroke casting off their obedience
to the supreme power and corrupting the
fountain of all intelligence - language
Who from being the first Servants raise themselves
to be the Masters of the Law.

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CERTAINTY Stare Decisis

If a System of absolute perfection were sent down
from Heaven, these ... would turn it into a
Chaos - a good System would be turned into a
bad one, & a bad one corrupted into a worse.

Identifier: | JB/050/123/001"JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	123	Info in main headings field	certainty counsel at trials
Image	001	Titles	stare decisis
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16114
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