JB/107/257/001

Click Here To Edit Feby 8 1809

Peines

In the course of this reading of the above <add>Reverend Doctor's</add> sermon, two or three times here and there, a suspicion,
I must confess had come across me, of the Doctor's being in earnest:-
that the power for which he was contending was not meant
by him to be compleatly arbitrary: but that something of by way of a
check, in the shape of moral responsibility at least, was
meant by him to be recommended by him as proper to
be applied to it. The act by which it was to be exercised
was to be "a judicial act": the "dependence" of "the executive
"of the sentence upon.." the quality and circumstances of the crime"
was to be not only "believed" but "known" to be the case " in
and this " in each part of the proceeding."

In On the occasion ofa judicial act" three connected objectsthings are reg regularly
brought to view - 1. the general rule - 2. the supposed facts which
are supposed to bring the case under that rule: 3. and
the evidence by which the existence of those several facts
is made out or endeavoured to be made out to the satisfaction
of the and to whom judge of those to whom it belongs to judge.

[+] Now so it is, that when the fate of the transgressors transgressor is determined by
the text of a law for of an article of statute law all these objects are all of them brought to view [+] Compare , law in to this point these points the in which the in these points another stands, under the law itself, where there is and that in about it stands under that system of arbition dis which sh sent declared complasanage and approbition the Reverend Doctor beholds substituted to the law.
brought to the view of the public - of course: and thusin this way
if any one of them be left by the Judge by the
individual in whom the fate of individ each supposedindividual transgressor
individually depends.- any one of them be left unnoticed, or
mis-stated, the insort of responsibility above mentioned attaches,
and the Judge stands exposed to censure.

---page break---

Identifier: | JB/107/257/001 "JB/" can not be assigned to a declared number type with value 107.
Date_1	1809-01	Marginal Summary Numbering	1-2
Box	107	Main Headings	law versus arbitrary power (a hatchet for dr paley's net)
Folio number	257	Info in main headings field	peines
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e56
Penner	jeremy bentham	Watermarks	th 1806
Marginals	pr1	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	35248
Box Contents