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the decision founded on the law does: and so it
 does supposing the law to be known instead of
 locked up, before it exists, in the breasts of the
 Judges.
But in settling and adjusting a question of fact
 when intrusted  to any single magistrate, partiality
 and injustice have an ample field to range in;
 either by boldly affirming that to be proved which
 is not so, or more artfully by suppressing some
 circumstances, stretching and warping others, and
 distinguishing away the remainder. If he had said
 all this of a Jury he would have said what is
 indisputable: with this difference that a Jury
 has no need of -no need of art, no need of bold
 assertion nor in of any assertion at all no need
 of stretching warping or distinguishing: they have no
 need to put themselves to this or any other trouble:
 their will is their law: and the will of the most
 obstinate among them is their will. As to a single
 magistrate how is it that his partiality should
 have an ample field to range on in, or rather what is more
 to the purpose find greater facility and serenity in
 obeying the dictates of partiality in a question
 of law fact than on a question of law? Is it more
 easy difficult for those who are men in general for to sit in judgement over him
 to see whether he has done right to judge of the latter former than the former latter?  Is it more less easy for
| Identifier: | JB/035/070/002"JB/" can not be assigned to a declared number type with value 35. | |||
|---|---|---|---|
| 035 | constitutional code; evidence; procedure code | ||
| 070 | |||
| 002 | |||
| text sheet | 4 | ||
| recto | f1 / f2 / f3 / f4 | ||
| jeremy bentham | [[watermarks::floyd & co [britannia with shield emblem]]] | ||
| arthur young | |||
| 10663 | |||