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CERTAINTY. in general.
Begin with recapitulating the contents of the former Books
Respects 1st Law 2d Fact
Certainty in Penal Legislation regards respects 3 objects 1st That all persons guilty of the
act prohibited suffer the punishment that is denounced. and risible 2d That none suffer it but
as are so: 3d That of these none suffer more than is denounced. those who use the proper objects of so much as risible <add>denounced, + do not</add>
suffer [any] more.
The maxim "Better that one guilty should escape than one innocent suffer, is to be met with in Fortescue de 62
+ Whatever Forms & regulations of Practise do not tend to one or other of these ends are & superfluous.
In these 3 Ends if if they be all legitimate. & the only all ones that are so, we have the
of all the practises stages that are required to be taken, if the in the practise, and the expressions
required to be used in the formula what is written <add>the allegations made in the course of a Prosecution.</add> of Procedure. <hi rend='underline'>+</hi>
<hi rend='underline'>+</hi> viz. as far as regards the Criminal. Expedients for the accommdating the State, the Court, the Jury, the subject, &c and point of expence, trouble, or notification are another affair.
Whatever conducive [in what is in use]
towards any one of them (consistent with a due observance of the rest) is justifiable
and necessary: whatever does not conduce to some one of them is superfluous,
& mischievous at least on one account, on that of being an [useless] incumbrance.
This then we must carefully observe; & in the successive consideration of every
such practise or expression, if we justify it pronounce it justifiable, it will be by referring it to those
one of those ends to which it is subservient. are it
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certainty in general |
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