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'' | <pb/> | ||
<p>only "<hi rend='underline'>believed</hi>" but known to be the case<lb/> | |||
and this in each part of the proceeding.</p> | |||
<p>In a judicial Act three things are regularly<lb/> | |||
brought to view 1. the general rule<lb/> | |||
2. the facts which are supposed to bring<lb/> | |||
<del>that</del> <add>the</add> case under that rule, and 3. the evidence<lb/> | |||
by which the existence of those facts is made<lb/> | |||
out or endeavoured to be made out to the<lb/> | |||
satisfaction of the Judge — of those to whom<lb/> | |||
it belongs to Judge.</p> | |||
<p>Compare now how as to these points the<lb/> | |||
footing on which the <gap/> stands under<lb/> | |||
the law itself where there is one and that<lb/> | |||
on which it stands under that system of<lb/> | |||
arbitrary discretion which with such declared<lb/> | |||
complacency and approbation the<lb/> | |||
Reverend Doc tor beholds substituted to the<lb/> | |||
law.</p> | |||
<p>Now when the fate of the transgressors<lb/> | |||
is determined by the text of a law — all these<lb/> | |||
things are all of them brought to view<lb/> | |||
brought to the view of the public — of course;<lb/> | |||
and thus if any one of them be by the Judge <add>by</add></p> | |||
<pb/> | |||
---page break---
only "believed" but known to be the case
and this in each part of the proceeding.
In a judicial Act three things are regularly
brought to view 1. the general rule
2. the facts which are supposed to bring
that the case under that rule, and 3. the evidence
by which the existence of those facts is made
out or endeavoured to be made out to the
satisfaction of the Judge — of those to whom
it belongs to Judge.
Compare now how as to these points the
footing on which the stands under
the law itself where there is one and that
on which it stands under that system of
arbitrary discretion which with such declared
complacency and approbation the
Reverend Doc tor beholds substituted to the
law.
Now when the fate of the transgressors
is determined by the text of a law — all these
things are all of them brought to view
brought to the view of the public — of course;
and thus if any one of them be by the Judge by
---page break---
Identifier: | JB/107/326/001"JB/" can not be assigned to a declared number type with value 107. |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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326 |
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001 |
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copy/fair copy sheet |
2 |
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recto |
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[[watermarks::[simplified hanoverian royal arms] 1821]] |
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1821 |
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35317 |
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