JB/124/028/002

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nature of the case that the Governor should have entertain any
resentment against such his offending servant except what
was suggested by his opinion of the danger to be apprehended
from the offence.

In point of precedent, this the discretion here contended
for exists in a very numerous tribe of instances: in
none of them I believe with so much reason, and
in most of them without any such reason, as here:
and where it is exercised, the exercise of it is the frequent
subject of vulgar, and as to me appears unmerited
applause.

1. It exists wherever a theft for instance is at
common law single felony, and the offence is on
account of some circumstance of real or supposed
aggravation (I say supposed for it has in few
instances been my good fortune to find to be able to discover any substantial
ground for those suppositions) such as the
nature of the building or from whence the thing
was stolen, or the circumstance of its being stolen from
the person &c &c erected into a capital felony.

2. Where an offence being an offence originally
at common Law, has been made prohibited
under a particular penalty by some Statute.

3. When it has been prohibited under different penalties
by different Statutes.

4. Where, as in the case of Revenue Laws, Game
Laws &c option has been to parties in a regular given between the customary regular
mode of prosecution and a summary and mode less burthensome
as well to the Defendant as to the Prosecutor.

Identifier: | JB/124/028/002 "JB/" can not be assigned to a declared number type with value 124.
Date_1		Marginal Summary Numbering
Box	124	Main Headings	panopticon
Folio number	028	Info in main headings field	panopticon bill
Image	002	Titles
Category	text sheet	Number of Pages	3
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	41717
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