JB/159/235/003

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4

Restraints on operations and occupations examined.

liable to objection on another score: to wit that of Exemplarity.
From the particular character & circumstances of that individual,
the punishment was on his that one instance indeed
competent. But that character and those circumstances
though known to the Judge would not are more
probably than people the public at large can be made acquainted
with: or if the people in general are acquainted
with them, the mortification which such a restraint would
produced in him would be greater different than what what
many, perhaps most people would expect too feel
were they to be in his place.† † [See Fr. Pen. Law. 49.]

We see Instances it indeed⊞ ⊞ are not wanting in our Statute Law now and then are now and then to be met with of persons being
who being looked upon as delinquents are debarred
from the exercise of particular occupations. Thus Papists
but it is with another view. I mean even where the
persons in question are treated as delinquents
are by a several Statutes of James 1 debarred from exercising the professions of Law
and Physic. So are In like manner persons who refuse to
take the Sacrament according to the ceremonies of
the Church of England are debarred excluded from all Public offices.
of Public Trust and Profit But these restraints do not
seem to have been intended to operate as Punishments.
With regard to Papists the end of Punishment
is endeavoured to be compassed by other hardships
too general & too severe to be looked upon in any other light
than that of Punishment. The particular restraints here mentioned in question
are intended obviously principally but as cautionary expedients to
prevent

Identifier: | JB/159/235/003 "JB/" can not be assigned to a declared number type with value 159.
Date_1		Marginal Summary Numbering
Box	159	Main Headings	punishment
Folio number	235	Info in main headings field	restraints on operations and occupations examined
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public	in 2 pieces	ID Number	54058
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