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Observations</note></head> | Observations</note></head> | ||
<note>II Board<lb/> | |||
ʃ. 11<lb/> | ʃ. 11<lb/> | ||
46<lb/> | 46<lb/> | ||
Framing the Surveyors<lb/> | Framing the Surveyors<lb/> | ||
Oath | Oath —<lb/> | ||
why <sic>instrusted</sic><lb/> | why <sic>instrusted</sic><lb/> | ||
to the Board.</note>< | to the Board.</note> | ||
[2] [45] Page 29. ʃ.11. <hi rend="underline">Oath ... of such ... <unclear>times</unclear> as the .. Board..</hi><lb/> | |||
<hi rend="underline">shall from time to time appoint</hi>] | <p>[2] [45] Page 29. ʃ.11. <hi rend="underline">Oath ... of such ... <unclear>times</unclear> as the .. Board..</hi><lb/> | ||
<hi rend="underline">shall from time to time appoint</hi>] — If according to the<lb/> | |||
principles above laid down <add>[Note <!-- gap -->]</add> in relation to Oaths of<lb/> | principles above laid down <add>[Note <!-- gap -->]</add> in relation to Oaths of<lb/> | ||
Office, it shall be <del>understood</del> <add>determined</add> that the Oath in this case<lb/> | Office, it shall be <del>understood</del> <add>determined</add> that the Oath in this case<lb/> | ||
| Line 34: | Line 35: | ||
the Council Board to correct it. The power of<lb/> | the Council Board to correct it. The power of<lb/> | ||
framing an Oath <del>is in effect the power of</del><lb/> | framing an Oath <del>is in effect the power of</del><lb/> | ||
(I mean of the kind here in question | (I mean of the kind here in question — the promissory kind)<lb/> | ||
is in effect <del>th</del> a power of making laws, having for<lb/> | is in effect <del>th</del> a power of making laws, having for<lb/> | ||
their sanction the united influences of honour and religion.<lb/> | their sanction the united influences of honour and religion.<lb/> | ||
Accordingly in the case of an Oath of Office<lb/> | Accordingly in the case of an Oath of Office<lb/> | ||
<del><gap/></del> to be taken by the principals in office | <del><gap/></del> to be taken by the principals in office — the<lb/> | ||
Commissioners | Commissioners — the tenor of the Oath is, in several <del>cases</del><lb/> | ||
of the precedents applying to the present case, prescribed<lb/> | of the precedents applying to the present case, prescribed<lb/> | ||
by Parliament: <add>(In the Table of Precedents:)</add> and in the creation of a new Office,<lb/> | by Parliament: <add>(In the Table of Precedents:)</add> and in the creation of a new Office,<lb/> | ||
| Line 48: | Line 49: | ||
could not be remedied but by Parliament: whereas in the<lb/> | could not be remedied but by Parliament: whereas in the<lb/> | ||
present case the remedy is much nearer at hand, so<lb/> | present case the remedy is much nearer at hand, so<lb/> | ||
that the power may be given with less reserve: and when the <add>object [+]</add>< | that the power may be given with less reserve: and when the <add>object [+]</add></p> | ||
<note><hi rend="superscript">[+]</hi> object and purpose of<lb/> | <note><hi rend="superscript">[+]</hi> object and purpose of<lb/> | ||
the Oath is specified and<lb/> | the Oath is specified and<lb/> | ||
| Line 58: | Line 59: | ||
might be supposed, from<lb/> | might be supposed, from<lb/> | ||
the abstract description of<lb/> | the abstract description of<lb/> | ||
it abovementioned.</note | it abovementioned.</note> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
+ Inserenda 64
Observations
II Board
ʃ. 11
46
Framing the Surveyors
Oath —
why instrusted
to the Board.
[2] [45] Page 29. ʃ.11. Oath ... of such ... times as the .. Board..
shall from time to time appoint] — If according to the
principles above laid down [Note ] in relation to Oaths of
Office, it shall be understood determined that the Oath in this case
as in others shall be particular, and shaped to the
particular temptations that may come to be contended
with, the proposed power of varying it from time to
time will be necessary, since the temptations will
arise out of the duties and the duties will be likely
from time to time to receive increase and undergo alteration
by increase or otherwise, nor will the temptations
themselves be fully manifest themselves without the apparent, to
help of experience. The framing of an Oath to be
taken by an a subordinate Officer of this rank is
a power, which, considering the hands in which it is
lodged, does not appear to stand much in danger of being
abused: since in case of any eccentric or otherwise
improper exercise of this power, there would be the
Treasury Board or Secretary of State, and still higher
the Council Board to correct it. The power of
framing an Oath is in effect the power of
(I mean of the kind here in question — the promissory kind)
is in effect th a power of making laws, having for
their sanction the united influences of honour and religion.
Accordingly in the case of an Oath of Office
to be taken by the principals in office — the
Commissioners — the tenor of the Oath is, in several cases
of the precedents applying to the present case, prescribed
by Parliament: (In the Table of Precedents:) and in the creation of a new Office,
this, it is believed, is in general the present practice.
But in those cases the reason for such nicety is much
stronger than in the present: since there, in case of any
impropriety in the exercise of the power, the mischief
could not be remedied but by Parliament: whereas in the
present case the remedy is much nearer at hand, so
that the power may be given with less reserve: and when the object [+]
[+] object and purpose of
the Oath is specified and
pointedly expressed, the
power of framing it is
not never so attend
scarce attended with any
of that danger which
might be supposed, from
the abstract description of
it abovementioned.
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jeremy bentham |
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