JB/068/327/001

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1826. Augt Septr 6.
Penal Code.
3.
Ch. XII Rewards.
§ Punishment. Compensation or
Profit of the Offence
Anglic
What they have is love
of Justine but nothing to
moderate it
5
When it is the Judge who
forms the estimate mercy
is only shown where money
is to be got by it. Bill of Rights
says that fines ought not to
be excessive. By so regulating
fines as to afford encouragement
for future contingent
offences, the Judge manifests
his veneration for that
Palladium of English
liberties.

That which every now and then not to
say commonly they have, is love of justice, and
this principle having nothing to moderate it,
and keep it within the pale of correctness,
hence the excess. Now as to the case where it
is by the Judge that the estimate is to be formed.
This is the case where the wrong, the very same
wrong, perhaps, as in the last mentioned case, is
dealt with in the character of a criminal offence.
The Judge is the respresentative of that Earthly
God of whom mercy is the favourite attribute.
Never where money or anything else that has
value in it is to be got by the exercise, is any
reluctance felt at the giving exercise to it. A
declaration that fines ought not to be excessive,
that is to say that this is of the number of the
occasions on which that which ought not to
be done ought not to be done, is among the securities
provided for the good people of England,
by the wisdom and providence displayed in
the Bill of rights. By giving to the fine such a
quantum as shall leave future contingent offences
furnished with adequate encouragement,
the Judge manifests at the same time to the
revering and admiring public the tenderness
of his nature and his veneration for that palladium
of English liberties —

☞ — Speak next of the encouragement of non-payment
of debts by appeal to House of Lords.

Identifier: | JB/068/327/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-09-06	Marginal Summary Numbering	5
Box	068	Main Headings	penal code
Folio number	327	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1824
Notes public		ID Number	22522
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