Proceedings in an Action for Debt Between the Right Honourable Charles James Fox, Plaintiff, and John Horne Tooke, Esq., Defendant

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William Hone, 1819 - 80 páginas

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Página 68 - It is the most transcendent privilege which any subject can enjoy or wish for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbors and equals.
Página 69 - The impartial administration of justice, which secures both our persons and our properties, is the great end of civil society. But if that be entirely intrusted to the magistracy, a select body of men, and those generally selected by the prince or such as enjoy the highest...
Página 69 - ... that the fact of his oppression must be examined and decided by twelve indifferent men, not appointed till the hour of trial; and that, when once the fact is ascertained, the law must of course redress it.
Página 68 - And therefore a celebrated French writer,* who concludes, that because Rome, Sparta, and Carthage have lost their liberties, therefore those of England in time must perish, should have recollected that Rome, Sparta, and Carthage, at the time when their liberties were lost, were strangers to the trial by jury.
Página 50 - That (notwithstanding this extraordinary and perhaps unparalleled application from a court of justice to its suitors) lord Hood and the other petitioners having refused to withdraw their respective petitions, the proceedings of the committee continued till July the...
Página 50 - ... Hood, and another petition also against the return was presented by certain electors of Westminster; and a committee was consequently appointed, which commenced its proceedings on Friday, April the 3d, 1/89, and continued till June 18, 1789, when the committee, as able and . respectable as ever wove sworn, to try and determine...
Página 51 - July, 1789, when a very small comparative Progress having been made, the Petitioners, from a Conviction of the Impossibility of any Decision by the Committee, were compelled to abandon their Petitions without any Effect, or Tendency towards Effect, after a tedious and expensive Litigation of Three Months and Three Days, and with an Expence to the Petitioning Candidate of more than...
Página 53 - ... house of commons (for .so it continues to be styled) are not as they ought to be, elected by the commons of this realm, (in any honest meaning of the word ' commons ;') and must, therefore, naturally and necessarily have a bias and interest against a fair and real representation of the people, yet your petitioner fully trusts that he shall be able to lay before ' a committee, chosen and sworn to try and determine the matter of this petition...
Página 68 - ... the trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law. And if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened when it is applied to criminal cases!
Página 69 - Here therefore a competent number of sensible and upright jurymen, chosen by lot from among those of the middle rank, will be found the best investigators of truth, and the surest guardians of public justice.

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