JB/116/327/002

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Dispensing Power

7 Apr 1802

Notes
1. Illegality

According to this expression of the Duke's will, there
is one case and one alone, in which the Penitentiary
Houses, whatever may be the number of them, are, amongst
them all, to have any inhabitants at all
as far as depends upon this "principal"(a) one of the
two classes. This is a case, which, to all appearance,
never had not, at the time of writing this letter of his
been realized nor could ever at that time
ever happened was not likely ever to happen: a
case the happening of which it would depend upon his him will to
prevent—and which, in terms altogether unequivocal not susceptible of doubt
be presently after expresses declares it to be his intention <add>inclination will and dispensation</add> to
prevent.

(a) See notes

"Several" and "respective"
compose
a restriction not
imposed by law
and which the
Duke would not
have imposed
upon humanity.

From the words employ'd by the Duke in this letter
"such transportable Convicts as the several Gaols of the
"respective Counties can not contain" it might be thoug
were those words to be taken of the limitation implied
as might be thought by these words were to be considered
as applying to the intended plan of conduct of his Grace
from these words it might in that supposition be perhaps
supposed that here and there a few Convicts might
left to compose the population of the Parliamentary
Penitentiary Houses. The ground of this construction is composed of/constituted by This construction turns upon the
words "several" and "respective": and the purpose of
it is—that if so often as it shall happen that a given County Gaol is full
of its own prisoners is filled by more of such prisoners
as were sent out of it to take their trials, any
other pris convict so of it for trial and convicted
would

Identifier: | JB/116/327/002 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-09	Marginal Summary Numbering	19
Box	116	Main Headings	panopticon versus new south wales
Folio number	327	Info in main headings field	n. s. wales
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b15 / b3
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	37860
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