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<p><!-- pencil -->3 Apr. 1802<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Dispensing power</head></p>
 
<p>thus wide of the mark is not possible – even to<lb/>
 
the Duke of Portland: – he <del>does not so much as</del> <add>scarce</add><lb/>
 
pretends to say it is:  the Act, according to this<lb/>
letter is not to be simply pursued but improved<lb/>
upon and mended.  No Act is examined <add>by him</add>:  the<lb/>
"<hi rend="underline">object</hi>" of it is <hi rend="underline">understood</hi> by him:<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> but what determines his conduct is determined</note> but it is not<lb/>
by the Act but by the "<hi rend="underline">inclination</hi>" of his "<hi rend="underline">thoughts</hi>"<lb/>
about expediency and "<hi rend="underline">inexpediency</hi>" that the fate <add>the plan of<lb/>
operations is determined</add> of the measure is to be decided.</p>
<p>Allow factitious necessity to have the effect<lb/>
of a spontaneous one, in the justification of what<lb/>
would otherwise be <del>the</del> criminal – and observe the<lb/>
consequence.</p>
<p>Who could have been punished for buying Ship-money?<lb/>
Nobody.  Summoning a Parliament<lb/>
was a measure that depended upon the King and<lb/>
his Ministers.  Suppose an invasion impending<lb/>
– and no Parliament the <del><gap/> <gap/></del> existence<lb/>
of the necessity is indubitable.  Allow the Ministers<lb/>
with impunity to advise the Crown to forbear summoning<lb/>
a Parliament, the necessity is indubitable<lb/>
and of its being a factitious one is no bar to its<lb/>
efficacy in the character of a justification – there<lb/>
is an end of Parliament and the Monarchy becomes<lb/>
an absolute one.</p>
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Latest revision as of 11:47, 11 March 2022

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3 Apr. 1802
Dispensing power

thus wide of the mark is not possible – even to
the Duke of Portland: – he does not so much as scarce
pretends to say it is: the Act, according to this
letter is not to be simply pursued but improved
upon and mended. No Act is examined by him: the
"object" of it is understood by him: but what determines his conduct is determined but it is not
by the Act but by the "inclination" of his "thoughts"
about expediency and "inexpediency" that the fate the plan of
operations is determined
of the measure is to be decided.

Allow factitious necessity to have the effect
of a spontaneous one, in the justification of what
would otherwise be the criminal – and observe the
consequence.

Who could have been punished for buying Ship-money?
Nobody. Summoning a Parliament
was a measure that depended upon the King and
his Ministers. Suppose an invasion impending
– and no Parliament the existence
of the necessity is indubitable. Allow the Ministers
with impunity to advise the Crown to forbear summoning
a Parliament, the necessity is indubitable
and of its being a factitious one is no bar to its
efficacy in the character of a justification – there
is an end of Parliament and the Monarchy becomes
an absolute one.


Identifier: | JB/121/445/001"JB/" can not be assigned to a declared number type with value 121.

Date_1

1802-04-03

Marginal Summary Numbering

5

Box

121

Main Headings

Panopticon

Folio number

445

Info in main headings field

Dispensing power

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.

Page Numbering

D4 / E7 / F38

Penner

Watermarks

Marginals

Jeremy Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

001

Box Contents

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