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<!-- the top left hand quarter of the page has been cut away --> <!-- top right quarter --> <head>Qualification.</head> <p> To consider this whole provision with attention,<lb/> we must I think confess <del>it to be <add> that neither is the</add> </del> <lb/> contrived so as to be <del> provision in itself very <add>so</add>efficacious</del> </p> <p> that neither <del>are</del> is the means provided <add> method adopted</add> to secure<lb/> its' being taken <del>very</del> <add> so</add> efficacious <!-- line to indicate addition of marginal note --> <note>nor the terms <add> effect of</add> it<lb/> very explicit as they<lb/> might be </note> as they might be</p> <p> This expedient for ensuring responsibility is adopted <add> occurrs</add><lb/> however</p> <!-- the next paragraph has been heavily crossed through --> <p> It is a topic however that is frequent in the<lb/> Statute Book and in some <gap/> of this a<lb/> <add> who are admitted not the</add> of the <sic>Parliam</sic> <add> House of Commons</add> the Commission of the<lb/> Peace and the protection <add> to a Command</add> is of much more <gap/> <lb/> than it is her.</p>  <!-- the following paragraph has been heavily crossed through --> <p> <note> the several preparations<lb/> into which the provision<lb/> <gap/> is <sic>resolveable</sic><lb/> fall short</note><lb/> we see therefore how for this provision fell<lb/> short of consistency for the <del>aforementioned</del> <add> their allowance</add> they establish<lb/> <gap/> [of] some changes of property &amp; the <unclear>disallowance</unclear><lb/> of others.</p> <!-- bottom left quarter --> <!-- all marginal text has been heavily crossed through --> <p> <note>In order to show <add>illustrate </add><lb/> the drift of the above remarks<lb/> I cannot forbear<lb/> although they [to give]<lb/> <gap/> of those<lb/> objects <add>products</add> of <gap/><lb/> particularly whose<lb/> <gap/> have met<lb/> with or require<lb/> consideration<lb/> require to be<lb/> kept in view<lb/> in the making <lb/> What do <gap/><lb/> have <add>occasion</add> to say on<lb/> this head is the<lb/> less changeable with<lb/> being misemployed<lb/> and <gap/> of <gap/><lb/> <gap/> again<lb/> is <unclear>joined</unclear> as otherwise<lb/> there is presumption<lb/> of a <gap/> <add> a <gap/><gap/></add> not<lb/> that there was presumption<lb/> of <gap/> <gap/> <add> certain sentiments <lb/> &amp; intents</note></p> <!-- the following paragraph has been heavily crossed through --><p> A certain <gap/> is a certain <del><gap/> <add> <gap/></add></del> property <add> a little more methodical than<lb/> the one or the other or both <gap/></add> is <unclear>aforesaid</unclear> <lb/> in <gap/> on this standard of fitness; <del> one subject then<lb/> is that <add> all</add> those who <add> do not</add> come up to it may be excluded<lb/> from that office, least they abuse its powers.  Another<lb/> <add>that now must be admitted</add> all who come <gap/> <gap/>  may be</del> admissible<lb/> at least if not be admitted, least there should <lb/> be so apt to <gap/> it <add>their powers</add> upon that <add> whereupon</add> one object is<lb/> that the door be <del> not against <add> not open to any</add> those who are <lb/> not fit, another that it <del> may be kept open</del> <add> be not shut against</add> <lb/> <del>to all those</del> <add>any</add> who are <del>otherwise <gap/> danger<lb/> is another point <gap/>, least <add> not if</add> it be abused.</del> <lb/> <add> as &amp;c</add> <hi rend="underline">measurer</hi> of the powers of the office is <del>the danger</del> <add> what is</add> <lb/> <add> apprehended</add> in the first case: <hi rend="underline"><gap/></hi> <add> <sic>thro'</sic> want of persons to fill it</add> is the danger in each<lb/> <unclear>the latter:</unclear> to say nothing of the injustice then <add> done to the persons <gap/><lb/> as come within <lb/> the hand of fitness<lb/> to extend a hand<lb/> where from<lb/> to say nothing of <lb/> the injustice that<lb/> there is in the<lb/> exclusion to each<lb/> of the persons themselves<lb/> as come within that<lb/>hand of fitness, when<lb/> they <gap/> <gap/> <gap/><lb/> <!-- continues to the left of this text --> as affording escape for punishment, <hi rend="underline">real</hi><lb/> better: because it can be <hi rend="underline">followed</hi>. </add></p> <!-- in a box and not crossed through --> <p> because in a <gap/> <gap/> like this, the<lb/> ranks of men except a very few, are determined<lb/> no otherwise than by their fortunes<lb/> These qualities then are assumed as preservatives from<lb/> delinquency</p> <!-- bottom right quarter - all text has been heavily crossed through --> <p> The <del>passing of Qualification Law</del> <add> propriety of expression</add> is <del>one of</del><lb/> is one of the most intricate problems in<lb/>the Law <add> <gap/></add> <del> as it involves in it</del> the <add> due</add> adjustment<lb/> of the several names to the several species of property <add> possessions</add><lb/> of which names <add><del>than</del> </add> which are <add>most</add> current, their <unclear>formation</unclear><lb/> <del> now the current names</del> are acquiescent; &amp; those<lb/> which might be substituted in the room of them<lb/> <sic>tho'</sic> <gap/> and <sic>determinated,</sic> would because<lb/> not familiar, be obscure.  provision of itself<lb/> is difficult: but precision &amp; perspicacity <add> both together</add> would<lb/> <del>at least</del> ( for a <add> some</add> time <add> at least</add> be impossible.</p> <p> <del>Possessions</del><lb/> There are 4 main points to be considered.<lb/> 1s<hi rend="superscript">t</hi> how to adapt the <del>expression</del> <add> description</add> of this a species<lb/> to the thing <add> species</add> <gap/> which are meant; 2d<hi rend="superscript"></hi><lb/>how to select these species in <del> <gap/> <gap/></del> <add> subservience</add> to the<lb/> 1st of these ends, &amp; in  consistency with the <lb/> 2<hi rend="superscript">d</hi> How to <del>provide effect to</del> <add> give effect to</add> that <del>Will</del> <add> selection</add> by<lb/> contriving that those who are meant to be excluded<lb/> shall continually be excluded.</p> <p> There are three ways of doing this.  I<hi rend="superscript">st</hi> by contriving<lb/>that the actual interference shall be <del>[<gap/> to]</del> be<lb/> punished: 2<hi rend="superscript">dly</hi> that the attempt to interfere shall be<lb/> ineffectual.</p>  
<!-- the top left hand quarter of the page has been cut away.  There are various pencil sketches visible under the text, but these do not appear to be related to it --> <!-- top right quarter --> <head>Qualification.</head> <p> To consider this whole provision with attention,<lb/> we must I think confess <del>it to be <add> that neither is the</add> </del> <lb/> contrived so as to be <del> provision in itself very <add>so</add>efficacious</del> </p> <p> that neither <del>are</del> is the means provided <add> method adopted</add> to secure<lb/> its' being taken <del>very</del> <add> so</add> efficacious <!-- line to indicate addition of marginal note --> <note>nor the terms <add> effect of</add> it<lb/> very explicit as they<lb/> might be </note> as they might be</p> <p> This expedient for ensuring responsibility is adopted <add> occurrs</add><lb/> however</p> <!-- the next paragraph has been heavily crossed through --> <p> It is a topic however that is frequent in the<lb/> Statute Book and in some <unclear>histories</unclear> of those<lb/> <add> who are admitted not the</add> of the <sic>Parliam</sic> <add> House of Commons</add> the Commission of the<lb/> Peace and the protection <add> to a Command</add> is of much more <gap/> <lb/> than it is here.</p>  <!-- the following paragraph has been heavily crossed through --> <p> <note> the several preparations<lb/> into which the provision<lb/> is <sic>resolveable</sic><lb/> fall short</note></p> <p> we see therefore how far this provision fell<lb/> short of consistency for the <del>aforementioned</del> <add> their allowance</add> they establish<lb/> <gap/> [of] some changes of property &amp; the <unclear>disallowance</unclear><lb/> of others.</p> <!-- bottom left quarter --> <!-- all marginal text has been heavily crossed through --> <p> <note>In order to <sic>shew</sic> <add>illustrate </add><lb/> the drift of the above remarks<lb/> I cannot forbear<lb/> although they [to give] a<lb/> <gap/> of those<lb/> objects <add>products</add> of <gap/><lb/> particularly which<lb/>either have met<lb/> with or require<lb/> consideration<lb/> require to be<lb/> kept in view<lb/> in the making <lb/> What do <gap/><lb/> have <add>occasion</add> to say on<lb/> this head is the<lb/> less changeable with<lb/> being misemployed<lb/> and <gap/> of <gap/><lb/> <gap/> again<lb/> is <unclear>joined</unclear> as otherwise<lb/> there is presumption<lb/> of a <gap/> <add> a <gap/><gap/></add> not<lb/> that there was presumption<lb/> of <gap/> <gap/> <add> certain sentiments <lb/> &amp; intents</note></p> <!-- the following paragraph has been heavily crossed through --><p> A certain <gap/> is a certain <del><gap/> <add> <gap/></add></del> property <add> a little more methodical than<lb/> the one or the other or both <gap/></add> is <unclear>aforesaid</unclear> <lb/> in <gap/> on this standard of fitness; <del> one subject then<lb/> is that <add> all</add> those who <add> do not</add> come up to it may be excluded<lb/> from that office, least they abuse its powers.  Another<lb/> <add>that now must be admitted</add> that all who come <gap/> <gap/>  may be</del> admissible<lb/> at least if not be admitted, least there should <lb/> be so apt to <gap/> it <add>their powers</add> upon that <add> whereupon</add> one object is<lb/> that the door be <del> not against</del> <add> not open to any</add> those who are <lb/> not fit, another that it <del> may be kept open</del> <add> be not shut against</add> <lb/> <del>to all those</del> <add>any</add> who are <del>otherwise <gap/> danger<lb/> is another point <gap/>, least <add> not if</add> it be abused.</del> <lb/> <add> as &amp;c</add> <hi rend="underline">misuser</hi> of the powers of the office is <del>the danger</del> <add> what is</add> <lb/> <add> apprehended</add> in the first case: <hi rend="underline"><gap/></hi> <add> <sic>thro'</sic> want of persons to fill it</add> is the danger in each<lb/> <unclear>the latter:</unclear> to say nothing of the injustice then <add> done to the persons <gap/><lb/> as come within <lb/> the hand of fitness<lb/> to extend a hand<lb/> where from<lb/> to say nothing of <lb/> the injustice that<lb/> there is in the<lb/> exclusion to each<lb/> of the persons themselves<lb/> as come within that<lb/>hand of fitness, when<lb/> they <gap/> <gap/> <gap/><lb/> <!-- continues to the left of this text --> as affording escape for punishment, <hi rend="underline">real</hi><lb/> better: because it can be <hi rend="underline">followed</hi>. </add></p> <!-- in a box and not crossed through --> <p> because in a <gap/> country like this, the<lb/> ranks of men except a very few, are determined<lb/> no otherwise than by their fortunes<lb/> These qualities then are assumed as preservatives from<lb/> delinquency</p> <!-- bottom right quarter - all text has been heavily crossed through --> <p> The <del>passing of Qualification Law</del> <add> propriety of expression</add> is <del>one of</del><lb/> is one of the most intricate problems in<lb/>the Law <add><unclear>providing</unclear></add> <del> as it involves in it</del> the <add> due</add> adjustment<lb/> of the several names to the several species of property <add> possessions</add><lb/> of which names <add><del>than</del> </add> which are <add>most</add> current, <sic>tho'</sic> familiar<lb/> <del> now the current names</del> are acquiescent; &amp; those<lb/> which might be substituted in the room of them<lb/> <sic>tho'</sic> universal and <sic>determinated,</sic> would because<lb/> not familiar, be obscure.  provision of itself<lb/> is difficult: but precision &amp; perspicacity <add> both together</add> would<lb/> <del>at least</del> ( for a <add> some</add> time <add> at least</add> be impossible.</p> <p> <del>Possessions</del><lb/> There are 4 main points to be considered.<lb/> 1s<hi rend="superscript">t</hi> how to adapt the <del>expression</del> <add> description</add> of this a species<lb/> to the thing <add> species</add> <gap/> which are meant; 2d<hi rend="superscript"></hi><lb/>how to select these species in <del> <gap/> <gap/></del> <add> subservience</add> to the<lb/> 1st of these ends, &amp; in  consistency with the <lb/> 2<hi rend="superscript">d</hi> How to <del>provide effect to</del> <add> give effect to</add> that <del>Will</del> <add> selection</add> by<lb/> contriving that those who are meant to be excluded<lb/> shall continually be excluded.</p> <p> There are three ways of doing this.  I<hi rend="superscript">st</hi> by contriving<lb/>that the actual interference shall be <del>[<gap/> to]</del> be<lb/> punished: 2<hi rend="superscript">dly</hi> that the attempt to interfere shall be<lb/> ineffectual.</p>  




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Qualification.

To consider this whole provision with attention,
we must I think confess it to be that neither is the
contrived so as to be provision in itself very soefficacious

that neither are is the means provided method adopted to secure
its' being taken very so efficacious nor the terms effect of it
very explicit as they
might be
as they might be

This expedient for ensuring responsibility is adopted occurrs
however

It is a topic however that is frequent in the
Statute Book and in some histories of those
who are admitted not the of the Parliam House of Commons the Commission of the
Peace and the protection to a Command is of much more
than it is here.

the several preparations
into which the provision
is resolveable
fall short

we see therefore how far this provision fell
short of consistency for the aforementioned their allowance they establish
[of] some changes of property & the disallowance
of others.

In order to shew illustrate
the drift of the above remarks
I cannot forbear
although they [to give] a
of those
objects products of
particularly which
either have met
with or require
consideration
require to be
kept in view
in the making
What do
have occasion to say on
this head is the
less changeable with
being misemployed
and of
again
is joined as otherwise
there is presumption
of a a not
that there was presumption
of <add> certain sentiments
& intents

A certain is a certain property a little more methodical than
the one or the other or both
is aforesaid
in on this standard of fitness; one subject then
is that all those who do not come up to it may be excluded
from that office, least they abuse its powers. Another
that now must be admitted that all who come may be
admissible
at least if not be admitted, least there should
be so apt to it their powers upon that whereupon one object is
that the door be not against not open to any those who are
not fit, another that it may be kept open be not shut against
to all those any who are otherwise danger
is another point , least not if it be abused.

as &c misuser of the powers of the office is the danger what is
apprehended in the first case: thro' want of persons to fill it is the danger in each
the latter: to say nothing of the injustice then done to the persons
as come within
the hand of fitness
to extend a hand
where from
to say nothing of
the injustice that
there is in the
exclusion to each
of the persons themselves
as come within that
hand of fitness, when
they
as affording escape for punishment, real
better: because it can be followed.

because in a country like this, the
ranks of men except a very few, are determined
no otherwise than by their fortunes
These qualities then are assumed as preservatives from
delinquency

The passing of Qualification Law propriety of expression is one of
is one of the most intricate problems in
the Law providing as it involves in it the due adjustment
of the several names to the several species of property possessions
of which names than which are most current, tho' familiar
now the current names are acquiescent; & those
which might be substituted in the room of them
tho' universal and determinated, would because
not familiar, be obscure. provision of itself
is difficult: but precision & perspicacity both together would
at least ( for a some time at least be impossible.

Possessions
There are 4 main points to be considered.
1st how to adapt the expression description of this a species
to the thing species which are meant; 2d
how to select these species in subservience to the
1st of these ends, & in consistency with the
2d How to provide effect to give effect to that Will selection by
contriving that those who are meant to be excluded
shall continually be excluded.

There are three ways of doing this. Ist by contriving
that the actual interference shall be [ to] be
punished: 2dly that the attempt to interfere shall be
ineffectual.



Identifier: | JB/095/059/001"JB/" can not be assigned to a declared number type with value 95.

Date_1

Marginal Summary Numbering

Box

095

Main Headings

Folio number

059

Info in main headings field

turnpike act observations on

Image

001

Titles

Category

text sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

e49 /

Penner

jeremy bentham

Watermarks

[[watermarks::[partial gr crown motif] [partial lion with vryheyt motif]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

30945

Box Contents

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