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Procedure. §51
The fine is the punishment of the delinquent
that has money: the imprisonment of him
that has none. now there is the same
reason for one of them knowing his punishment,
as the other.
But as this limited imprisonment was is to take place
only where the prosecution is in the summary
way, it would have been an illusion to subjoin
it all along to as succedaneous to
the fine.
Tenderness of the property of the subject, consists
not, whatever may he have been insinuated by
certain writers, in causing a deft to spend
from £15 to £25 upon a Jury-Trial for
the a [supposed] better chance of saving a [third
or a] 10th part of the money: but furthering carefullness
against the interest of opposition to weed out the seeds of opposition [out of] a System
by which alone [the purposes 12 To much better purpose are Both the one tenderness and the other was much better accomplished of Justice can be executed]
[in matters of such inferior amountconcern.]
tenderness
As little does tenderness of his liberties consist, in
devoting substituting him to perpetual imprisonment in
case of [conviction and] insolvency to [save him from]
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§50
Secure to be paid. This is the only occasion upon
which we hear any thing about a security being
acceptable instead of payment — Yet if it such an is proper
on this occasion, I suppose it will hardly be thought
that this is the only one in which it is so.
It is not expressed whether it shall be considered
as optional discretionary or compulsory upon rthe Magistrate.
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[The durance of for a month or two.] the limited
durance of a few weeks.
The novelty of the Trea of
Whether to conform right or to deceive And hence I would humbly take the occasion liberty humbly to
propose it as a matter of general topic of consideration. Whether it might not now & then be as well to use such
language as might be instead of deceiving tend not to deceive the subject
but to punish him with conceptions of his destiny
conformable to the truth of things. the event.
In Distress, doors may be forced open if any
part of the forfeiture is for the King —
a maxim founded in the principles of
distinction easily accounted for in
aboriginal Tyranny, but very old unfit unsuitable to
be preserved in times to the present times like these.
In Distress — Que whether the precedent
for following the distress , &
making the accomplice in this motion
answerable, as in case of Landlord & Tenant
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