JB/141/139/001

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Punishment in alienam personam 37
Ins:a

in direct repugnance to the interest of the community
and the end of the institution: so that itof this possession trust
may be truly said that, with reference to the
particular interest of the possessor it may truly be said, it is of the
less value to him the more conscientiously he
discharges it. In truth I see not why with a
respect to the possessor himself it ought to be
looked upon as any thing.

But the Legislature went farther: besides incapacitating
the Electors there named, who were
a majority, but not the whole, it went on and
communicated the right of election to all the forty shilling Freeholders the inhabitants
of within a large district, of which the Borough
in question was but a part. In doing these this
they lessen'd the right of [those Burghers who
were not comprized witherparties in the guilt, nor the specific censure]
the innocent Burghers who remained*. Note
* In a pecuniary point
The punishment, if any
And as to that was thus inflicted
on the innocent Burghers
consisted in the pain of
apprehension that among
the new Electors would
be found some, and
perhaps a majority of the
whole who would make an
improper use of the
power of which they
were made partakers
suchpart of it, the measure, if it be to be considerd
as a measure of punishment, must be allow'd
to have been a punishment in alienam personas
Considerd in this light, it was not expedient,
since it was not necessary: for the qualitinnocent
not only could be but actually were distinguished
from the guilty. But in whatever light
light it may appear, consider'd with reference to the particular as applied in a retrospective
view
persons subjected to that trifling disadvantage, as
a measure of reformation and beginning [in a great constitutional
line,] it can not be too highly praised. It stands as

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Identifier: | JB/141/139/001 "JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering	not numbered
Box	141	Main Headings	rationale of punishment
Folio number	139	Info in main headings field	punishment in alienam personam
Image	001	Titles	note / deodands / bail
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f39 / f40 / f41 / f42
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	48356
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