JB/107/215/001

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29 Jany 1809 Peines

Pardon should be the rare case. disagree inferred from negligence.
For if laws were made with the new though more detailed intention of
their being in nine instances out of ten.

Paley
3
Which is different
from the power of
pardon. the dispensing
power as now exercised
being the rule
- power pardon only
an exception & that
for reasons assigned Not I indeed: is any conception of the matter
between the possession and exercise of a power of pardoning
on the one hand, and the exercise of what is so well known under the name of a dispensing power
there exists a perfectly very clear and distinguishable difference.
As to the power of pardon, the latitude field of motion that according to
any conception of the matter ought to be given to it, marked out for it
as well as by what authority, has already been brought
to view. Such is not the field actually marked out:
for in this as in so many other spots or portions of the field of
laws all is yet in the state of primaeval barbarism -
all in a state of waste: no inclosure. no determinate boundaries, no boundary
line any where [+] In the field of law
as in the field of agriculture
- every thing
kept as much far as possible
in a state of wilderness
under the influence of the
same narrow and sinister
interest - and by the same hands

But though boundary lines are here wanting,
principles are not: and if in the English constitution there is one principle better
settled these matters, it is that the power of pardon should not
neither this power nor any other, should be exercised on such grounds, and with such frequency,
as to swell into, and be rendered equivalent to, a dispensing
power. Go on.

It was for exercising a dispensing power this very sort of power that
James was driven from the throne: it was to prevent the
exercise of this very sort of power that William was
put into his plan.

Identifier: | JB/107/215/001 "JB/" can not be assigned to a declared number type with value 107.
Date_1	1809-01-29	Marginal Summary Numbering	3
Box	107	Main Headings	law versus arbitrary power (a hatchet for dr paley's net)
Folio number	215	Info in main headings field	peines
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e14
Penner	jeremy bentham	Watermarks
Marginals	pr1	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	35206
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