JB/028/105/003

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(7

Construction.

as we advance. "Thus", confirms he, "a Statute 1 to 6
"having enacted that those who are convicted of stealing
"horses should not have the benefit of Clergy, the
"Judges conceived that this did not extent to him that
"should steal but one horse, and therefore procured
"a new act for the purpose in the following year."

'This construction I am aware has been given version to much been cited as an instance of
surreptitiously carried to extreme; but I must confess I I have see act with what justice. Taking the value of the thing
stolen for the measure of the existing guilt of stealing, the
guilt of stealing horses is at the least double to
that of stealing one horse: and it follows not that
because the Legislature has thought fit to annex
a certain degree of guilt punishment to a certain degree of guilt,
it therefore should annex the same to half that guilt. [At the same
time it is very] probable [it is, at the same time] that the intention was thus
to punish him who should steal a single horse:
but in the doubt it was best to decide the best safest decision was that which was on the
mildest side: especially when seen And from this no evil consequence
could follow advisearise when arranged following by the well imagined
step that was taken by the Judges. "They procured a
new act" for that purpose (says our Author taking
it from Lord Bacon) in the following year.† I
honor these Judges, and, of all I know of upon
record, would cherish this precedent they have set us.

† Consult the journals, see whether they afford any light.

Identifier: | JB/028/105/003 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	105	Info in main headings field	construction
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f5 / b6 / f7 / b8
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9370
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