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<head>Procedure. §51 </head> | <head>Procedure. §51 </head> | ||
<p> | <p>The fine is the punishment of the delinquent<lb/> that has money: the imprisonment of him <lb/>that has none. now there is the same<lb/> reason for one of them knowing his punishment, <lb/>as the other.</p> | ||
<p>But as this <add>limited</add> imprisonment <del>was</del> <add>is</add> to take place<lb/> only where the prosecution is in the summary <lb/>way, it would have been an illusion to subjoin <lb/>it all along <del>to</del> as succedaneous to<lb/> the fine.</p> | |||
<p>Tenderness of the property of the subject, consists <lb/>not, whatever may <del>he</del> have been insinuated by <lb/>certain writers, in causing a deft to spend<lb/> from £15 to £25 upon a Jury-Trial for <lb/><del>the</del> a [supposed] better chance of saving a [third<lb/> or a] 10<hi rend='superscript'>th</hi> part of the money: but <del>furthering</del> <add><sic>carefullness</sic></add> <lb/><del>against the interest of opposition</del> <add>to weed out the seeds of opposition</add> [out of] a System<lb/> by which alone [the purposes <hi rend='superscript'>12</hi> <note>To much better purpose are Both the one tenderness and the other <del>was much better accomplished</del></note> of Justice can be executed] <lb/>[in matters of such inferior amount<add>concern</add>.]<lb/> <del>tenderness</del> | |||
</p> | |||
<p>As little does tenderness of his liberties consist, in <lb/>devoting <add>substituting</add> him to perpetual imprisonment in<lb/> case of [conviction and] insolvency to [save him from] </p> | |||
<pb/> | |||
<head>§50</head> | |||
<p><hi rend='underline'>Secure to be paid</hi>. This is the only occasion upon <lb/>which we hear any thing about a security being<lb/> acceptable instead of payment — Yet if it <add>such an <gap/></add> is proper<lb/> on this occasion, I suppose it will hardly be thought<lb/> that this is the only one in which it is so.</p> | |||
<p>It is not expressed whether it shall be considered<lb/> as optional <add>discretionary</add> or compulsory upon <add><del>r</del></add>the Magistrate.</p> | |||
<pb/> | |||
<p>[The durance <del>of</del> <add>for</add> a month or two.] the limited <lb/>durance of a few weeks.</p> | |||
<p><del>The novelty of the Trea of</del></p> | |||
<p><note>Whether to conform right or to deceive</note> And hence I would <del>humbly</del> take the <add>occasion</add> liberty humbly to<lb/> propose it as a matter of general <add>topic of</add> consideration. Whether it might not now & then be as well to use such<lb/> language as might <add>be <gap/> instead of deceiving</add> tend not to deceive the subject<lb/> but to punish him with conceptions of his destiny <lb/>conformable to the truth of things. <add>the event.</add> </p> | |||
<p>In Distress, doors may be <hi rend='underline'>forced open</hi> if any<lb/> part of the forfeiture is for the King — <lb/>a maxim founded in the principles of <lb/> <add>distinction easily accounted for in</add> <lb/>aboriginal Tyranny, but very <del>old</del> unfit <add>unsuitable</add> to <lb/>be preserved in times <add>to the present times</add> like these.</p> | |||
<p>In Distress — Que whether the precedent <lb/>for <hi rend='underline'>following</hi> the <del>distress</del> <gap/>, &<lb/> making the accomplice in this motion<lb/> answerable, as in case of Landlord & Tenant </p> | |||
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Procedure. §51
The fine is the punishment of the delinquent
that has money: the imprisonment of him
that has none. now there is the same
reason for one of them knowing his punishment,
as the other.
But as this limited imprisonment was is to take place
only where the prosecution is in the summary
way, it would have been an illusion to subjoin
it all along to as succedaneous to
the fine.
Tenderness of the property of the subject, consists
not, whatever may he have been insinuated by
certain writers, in causing a deft to spend
from £15 to £25 upon a Jury-Trial for
the a [supposed] better chance of saving a [third
or a] 10th part of the money: but furthering carefullness
against the interest of opposition to weed out the seeds of opposition [out of] a System
by which alone [the purposes 12 To much better purpose are Both the one tenderness and the other was much better accomplished of Justice can be executed]
[in matters of such inferior amountconcern.]
tenderness
As little does tenderness of his liberties consist, in
devoting substituting him to perpetual imprisonment in
case of [conviction and] insolvency to [save him from]
---page break---
§50
Secure to be paid. This is the only occasion upon
which we hear any thing about a security being
acceptable instead of payment — Yet if it such an is proper
on this occasion, I suppose it will hardly be thought
that this is the only one in which it is so.
It is not expressed whether it shall be considered
as optional discretionary or compulsory upon rthe Magistrate.
---page break---
[The durance of for a month or two.] the limited
durance of a few weeks.
The novelty of the Trea of
Whether to conform right or to deceive And hence I would humbly take the occasion liberty humbly to
propose it as a matter of general topic of consideration. Whether it might not now & then be as well to use such
language as might be instead of deceiving tend not to deceive the subject
but to punish him with conceptions of his destiny
conformable to the truth of things. the event.
In Distress, doors may be forced open if any
part of the forfeiture is for the King —
a maxim founded in the principles of
distinction easily accounted for in
aboriginal Tyranny, but very old unfit unsuitable to
be preserved in times to the present times like these.
In Distress — Que whether the precedent
for following the distress , &
making the accomplice in this motion
answerable, as in case of Landlord & Tenant
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