JB/055/150/001

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1824.Jany. 25
Constitutional Procedure CodeCh. Evidence – Rules

II. The condition of the Government & of the penal
branch of the Law, in past & present times.

During a period, which terminated only at the the termination of which can be can not
placed at any date period than the commencement of the last reign, the same men
found saw themselves alternately in the state of victor and vanquisher Judges &
criminals, victors & vanquished. When victors, a future
contingent situation would every now & then be presenting
itself to them their view, as not altogether incapable of having a
resemblance to the past. When vengance and rapacity
prevailed, the bands of Law, Statute & Common Law together,
were tightened; when fear and prudence, slackened
In this latter state of things, the occupation station of Lawyers their
associates and instruments included in a more or less considerable degree consisted more or less in undoing, what had been done by them, in
the former state. ⊞
But Between rulers and
non-rulers the line of separation
not being altogether determinate,
security such
as it was could not be
given to provided the one without
letting in the others for
some share in it. Hence came that lenity, which is the
subject of such indefatigable eulogy.

Not that such lenity, either ever was, or at this time
is, altogether without its use. Among its effects, that of
weaking the efficiency of the whole frame of Government
& of the Penal branch of Law, in particular: and
in this consists its the use. Under a system of Government
which has for its object, the felicity of the Governors at
the expence of the governed, such is the state of the
Law, Statute & Common, together, that to the placing of
England in the condition of Spain, nothing more was or is wanting
than the giving to the Law that degree of execution
and effect which in every state of things it is of course perpetually striving to obtain; that degree
of execution and effect, which would be given to it, if it had for its object
the felicity of the
governed, would actually
be obtained by it.

Identifier: | JB/055/150/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-01-25	Marginal Summary Numbering	27 or 15
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	150	Info in main headings field	Procedure Code
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D13 / E3
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections	Jeremy Bentham	Paper Produced in Year	1823
Notes public		ID Number	17871
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