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1 Section 7
p. Random punishment
Random punishment is the epillent that may be applied to
misseated punishment in those cases in which without previous
design it has been to fallfallen upon the innocent
by some caprice freak of the imagination taken upfallen into at the
moment when the occasion and with it the pretence has takencome
place for the infliction of it: the not so much as even the wretched sort of pretence which
had place in the case of extravasated punishment
havinghaving place in the present case.
For the illustration of this modification of mis-seated
punishment we may again refer
punishment two cases may serve that of two cases may serve one may again refer to the Law of forfeitures; for that copious source of mischief is not
yet exhauted and to the law of
to that of deodands to the law of forfeiture, to
and that of exclusion of evidencethat of exclusion put upon testimony when for the punishmenting
of an inconjecturable number of innocent persons
through the sides of one delinquent, and by wounds
of every imaginable depthbreadth and depth and nature the fact
of his delinquency forms the pretence
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