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CERTAINTY. V.p.183. PARDON. v.ch.p.3.
therefore + the special motive should be inserted in every pardon especially if punishments were more reasonable in their occasion and milder in their degree.
The prerogative of pardoning can have no foundation
but in expedience but in upon one of these
inferences suppositions : the innocence of the Deft [of the fact comparative if not total or at least comparative
of which he has been judged guilty] the inexpediency of the Law which he has infringed or some special
DETACHED SUBJECTS OF MYSTERY-FICTIONS See Barrington. p. 857. 1st Ed. OF JEOFALLS
& extraordinary merit evinced exemplified by some particular
and publickly known act — and when it is granted upon upon circumstances
of alleviation, it should seem not improper to insert
a condition in it for pecuniary reparation to the immediate
object of the injury.
These precautions will remedy the mischief arising from
the uncertainty which the frequency of pardons upon
+ the reason for this restriction consists is rather in the effect it knowledge of it would have upon [persons likely to offend] the offender than the Sovereign — very few instances of where abusing it I believe are to be met with in the equitable administration that has obtained this whole Century
common present footing introduces into the punishment
the consequence infliction of the punishment is made an event more and
more problematic by every fresh instance of pardon
the numerous exceptions make an impression upon the sword strike almost as forcibly as
the general Rule: while every pardon for want
of the certain appearance of the motives had the appearance
of be-ing an exception to that rule which in fact
when properly granted it is not. The Rule I
mean is "that a man who naturally committs
such a crime shall receive such a punishment:"
now if it appears that the party pardoned is granted
only because the party in fact did not committ it
[notwithstanding the evidence as it was deliver'd at
the time of the Trial obliged the Jury to think so )
the pardon will can no longer be converted into looked upon as an exception
may escape the penalty
Identifier: | JB/050/146/001 "JB/" can not be assigned to a declared number type with value 50.
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