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3 Apr. 1802
Dispensing power
thus wide of the mark is not possible – even to
the Duke of Portland: – he does not so much as scarce
pretends to say it is: the Act, according to this
letter is not to be simply pursued but improved
upon and mended. No Act is examined by him: the
"object" of it is understood by him:⊞ ⊞ but what determines his conduct is determined but it is not
by the Act but by the "inclination" of his "thoughts"
about expediency and "inexpediency" that the fate the plan of
operations is determined of the measure is to be decided.
Allow factitious necessity to have the effect
of a spontaneous one, in the justification of what
would otherwise be the criminal – and observe the
consequence.
Who could have been punished for buying Ship-money?
Nobody. Summoning a Parliament
was a measure that depended upon the King and
his Ministers. Suppose an invasion impending
– and no Parliament the existence
of the necessity is indubitable. Allow the Ministers
with impunity to advise the Crown to forbear summoning
a Parliament, the necessity is indubitable
and of its being a factitious one is no bar to its
efficacy in the character of a justification – there
is an end of Parliament and the Monarchy becomes
an absolute one.
Identifier: | JB/121/445/001 "JB/" can not be assigned to a declared number type with value 121.
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1802-04-03 |
5 |
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121 |
Panopticon |
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445 |
Dispensing power |
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001 |
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Text sheet |
1 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D4 / E7 / F38 |
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001 |
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