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In the present state of the Laws, the presumption is always so strong
that an offender knew nothing of the matter, that from on this account source
alone, arises a great obsticle to their execution. Those whose disposition
to lend the law their assistance towards its execution to execute the Law are grounded neither on a mercenary
nor a vindictive principle recoil revolt Shrink back at the thoughts apprehensions of making a
man suffer, whom the voice of nature, stronger than the impulse
of possitive Law seems to their ears to be pronouncing have declare innocent.
Frequently Because the Law is in point of fact not known to those who are
the objects of it, it is not observed by them, and even more frequently
perhaps, because it appears probable not to have been known by
them, it is not executed upon them.
"Strike" but "hear" said Themistiles to the Spartan General
those who have our Laws to execute strike in order to be heard.
When they are punished Delinquents are punished, examples, as the phrase is, are made
of them, not merely to let men know see this the Law which constituting the offence will be
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executed, but to let them see there is one.
Law indeed there is, and enough of it [God is witness there is] enough, & he
who is rich [that is he who has least occasion for it] may buy
it but if those pasts with which men have the most universal & most pressing interest to be acquainted their lives men who have made it the study of their
lives find it a hard matter to extricate the sense from the obscure
and joining aphorisms in which it is entangled, how is it with
the great mass of mankind the people, the Servant, the peasant, the manufacturer,
the poor, the laborious, and the illiterate those in short
are to whom it's restraints are most required?
It is a matter of Compliment by one Lawyer to another Lawyer
of the first eminence that he has succeeded for the first time in
placing that Title within some possibility of being understood by
persons who can spare 4 Guineas for a single Book these surely may be reckoned what relates to Theft : an half
years income to many thousands v Pr.P.L.p...
PROMULG. Want of a cause of Inexecution. - Voluminous [BR][][] tantamount to none. - Comparis. to Circuits .
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When this was may written the Book was sold at the Author's
account: it has since come under the management of Booksellers
& is reduced.
The Institution of Assizes Circuits, whereby Justice as the phrase is is brought home
to men's doors, has been much and deservedly commended: yet that
is but a palliative of that evil of which this that is proposed
a preventative: that tends to the mitigation of the trouble &
expense of suits, this to the avoidance of the Suits themselves:
applied more particularly to matters Criminal, that facilitates
& publishes the infliction of Punishment upon those who transgressors
transgress: this intercepts the very occasion of Punishment by
teaching men (what otherwise they want means to know) how
to avoid it. - If then to bring home, in a hyperbolical
sense, to men's doors if & the proceedings leading to for the execution of
the Law, be a commendable desireable work; how much more would the
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Identifier: | JB/079/069/002 "JB/" can not be assigned to a declared number type with value 79.
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069 |
promulg. want of - a cause of inexecution - voluminous tantamount to none - comparis. to circuits |
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002 |
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copy/fair copy sheet |
2 |
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recto |
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[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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25511 |
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