JB/023/118/002

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1830 Nov. 16

J.B. France against Death

6. §.V. Via 4.

Imployed and Super?

15. Observes now what mightmay be the effect
if without apt and sufficient restrictions the power of pardon 15
Effect of these
were no power of pardon
were left capable of being exercised: and this even of
no such punishment as death punishment were upon the
penal test list of applicable punishments

By the power of pardon, in so far as exercisedin every instance in which it is Power of pardon which.
Power of pardon is
by an Executive functionary ..
not by Legislator
or without
his intention, by
purely wronged britness
&c
the will of the person legislature or person by whom the punishment
ordinary law has been enacted or contravened. When its
by an act of the legislation itself that this contravention is
made to have place, it is an actas to so much of repeal for pro lento, and
preponderant evil is no more the in of being produced
by it then by the law which has been contravened by it

But this is not what is commonly meant by the 16
power of pardoning. "The power of what is commonly meant
by it is a power possessed and exercised by hands other
than those of the legislature In an absolute monarchy the
no distan has place the power of resulting punishment is lodged
in the same hands as and no other than those in which the power
if ordinary it is lodged: here therefore by means of the
power of pardon no other evil can be produced have place and other than that
which is produced by the power of ordinary the punishment.

In a limited Monarchy the legislative authority being in the joint
hands of divers two, three, or more co-existing authorities of whom the Monarchs
as one need but one, have than the power of pardon is
naturally and commonly lodged in the hands of the Monarch
and here above namely in virtue of that in still
more expence authority of what it forms a part which is commonly
designated by the name of the Executive. Here the
is and authority a power other than the which not being legislation has it in its
power to contravene and frustrate the will of the Legislature later unless
by special restriction
prevented from so doing.

Identifier: | JB/023/118/002"JB/" can not be assigned to a declared number type with value 23.
Date_1	1830-12-01	Marginal Summary Numbering
Box	023	Main Headings	lord brougham displayed
Folio number	118	Info in main headings field	jb to belgians
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / f13 / f6
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	7989
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