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INFORMATION <foreign>ex Officio
Objection
It is extremely improbable the Officers of the Crown should abuse it — to the oppression of
Answer
a man who is innocent.
Nolle prosequis to B an unlamented
number. Fort. 358.
No knowing how many latent privily
of this sort.
Let this be allowed — but
1st It is very possible that a man may have been guilty of an election, for instance of an
irregularity which deserved to be punished with a fine of £20 — here is a way of punishg p
him with an expence of twice two hundred.
I forget in what periodical publication<lb?> I have rad, that the prosecution
of mr Alman the Bookseller cost
him £144. odd shillings & pence —
the fact question of the law is probable; but I should
not chose to authenticate it if I
were able.
2dly If the with which the pros. Prosecution instead of being set is on foot [with any such view], instead of being of this, be of a kind the meritorious
— still the King's Officer may be misinstructed of the fact which inspected him
the design
3dly Let it be allowed that a discretionary power of keeping in more punishing in the manner for direction to the Crown <add> Administration not referable to any particular denomination of crimes be fitting to be so
even the fact of the disobligation certain: still the Officer may be misinstructed relative to
that fact — at present should the Defts innocence accepting the Law of the Law but
respecting the arbitrary Law set up for the occasion in the breast of the Officer, to may be made appear even to
the satisfaction of that Officer, there is no relief — The party is ruined, the Atty General is done</add>
sorry, but there is no help for it. for it, and there is an end of it. <add> it ends
The Attorney general was moderate — He put into his Information
no more that was</del <add>is</add> usual, nor above 2 or 3 times more than was is necessary —
the offence was committed,
intelligence the witnesses were to be produced from
or a mile or two Judges were infallible
mistakes of fact
mistakes of fact cause of displeasure
from the place of Trial — the
Witnesses were few — The Trial
was at Nisi probis
4thly Admitting this improbability to be <add> respecting <add>of intentional abuse on the part of the great Officer as great as shall be required the n and scarcely no unreasonable
demand on the other hand that it shall be admitted to be as great with respect to the : whose c Then had you who
whatever they have been accused of have never yet been accused of an undue in d is
of the Crown — but the offence of this power, consists is<add> in its being exercised in dispute <add> of
three Judges: for whenever it is exercised with their concurrence it is just the same the case is the same as if it
it were lodged in them.
It is creating a secret tribunal for the punisht
of every man in the Kingdom in the
breast of the Atty General for the
of every man by rules of his own making
or of the made for him by God knows who binds
where the pleadings are foribus clausis & the same person is both Judge & Party.
These are the powers which are
present intrusted In the <gap/.
which there be any man
fit to hold, & beg I may be shewn <lb/. that I may fall down of worship at last.
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procedure code |
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091 |
information ex officio |
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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