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<head>P<hi rend='superscript'>t</hi>. IV .<!-- Pt IV . written in pencil --> 41</head> | |||
<head>C</head><!-- left of centre --> | |||
<head>Of Frauds<!-- 2 words, larger font --> relative to the Coin<!-- 1 word, larger font -->. <note>Reasons</note><!-- note written in pencil --></head><!-- indent --> | |||
<p>purpose would scarcely pay for their houseroom in the <add>Code.</add> | <p>purpose would scarcely pay for their houseroom in the <add>Code.</add> | ||
<lb/></p> | <lb/></p> | ||
<!-- horizontal line --> | <!-- horizontal line --> | ||
<head>Note</head> | <head>Note</head> | ||
<p>may already be ruined by the <sic>expence</sic> and discredit of a prosecution. | <p>may already be ruined by the <sic>expence</sic> and discredit of a prosecution. | ||
<lb/> | <lb/> | ||
The only advantage that can be got by turning into an independent | <note>Making the Law more peremptory is no sufficient reason.</note> The only advantage that can be got by turning into an independent | ||
<lb/> | <lb/> | ||
Offence an act so inconclusively evidentiary of the offence substantially | Offence an act so inconclusively evidentiary of the offence substantially | ||
<lb/> | <lb/> | ||
in view , is the making the Law appear a little more formidable to an | in view, is the making the Law appear a little more formidable to an | ||
<lb/> | <lb/> | ||
Offender ; to wit , by describing his offence in terms more explicit than | Offender; to wit, by describing his offence in terms more explicit than | ||
<lb/> | <lb/> | ||
it would be described in otherwise , and putting his delinquency | it would be described in otherwise, and putting his delinquency | ||
<lb/> | <lb/> | ||
upon an issue which appear more susceptible of proof than the | upon an issue which appear more susceptible of proof than the | ||
<lb/> | <lb/> | ||
fact upon which his guilt really depends. But <del>I will leave it to | fact upon which his guilt really depends. But <del>I will leave it to</del> <add>let any man</add> | ||
<lb/> | <lb/> | ||
any and to</del> determine , whether so slight an advantage is worth purchasing | <del>any and to</del> determine, whether so slight an advantage is worth purchasing | ||
<lb/> | <lb/> | ||
at so dear a rate . | at so dear a rate. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent -->Be that as it may the | <p><!-- indent --><note>The punishment in this Case is either too great or else too little.</note> Be that as it may the punishment appointed by the Law | ||
<lb/> | |||
is at any rate improper: it either falls short of the mark, or goes beyond | |||
<lb/> | |||
it. If a man incurs it innocently; that is acting upon the | |||
<lb/> | |||
same footing upon which men of undisputed probity are wont to | |||
<lb/> | |||
act, all punishment whatsoever, or at least all punishment which | |||
<lb/> | |||
casts a taint upon his character, is manifestly too much. If he incurs | |||
<lb/> | |||
it, not being in confederacy with coiners, but meaning however | |||
<lb/> | |||
to make a profit by the offence, the punishment, not being <add>the</add> | |||
<lb/></p> | <lb/></p> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Pt. IV . 41
C
Of Frauds relative to the Coin. Reasons
purpose would scarcely pay for their houseroom in the Code.
Note
may already be ruined by the expence and discredit of a prosecution.
Making the Law more peremptory is no sufficient reason. The only advantage that can be got by turning into an independent
Offence an act so inconclusively evidentiary of the offence substantially
in view, is the making the Law appear a little more formidable to an
Offender; to wit, by describing his offence in terms more explicit than
it would be described in otherwise, and putting his delinquency
upon an issue which appear more susceptible of proof than the
fact upon which his guilt really depends. But I will leave it to let any man
any and to determine, whether so slight an advantage is worth purchasing
at so dear a rate.
The punishment in this Case is either too great or else too little. Be that as it may the punishment appointed by the Law
is at any rate improper: it either falls short of the mark, or goes beyond
it. If a man incurs it innocently; that is acting upon the
same footing upon which men of undisputed probity are wont to
act, all punishment whatsoever, or at least all punishment which
casts a taint upon his character, is manifestly too much. If he incurs
it, not being in confederacy with coiners, but meaning however
to make a profit by the offence, the punishment, not being the
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Identifier: | JB/071/180/001"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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180 |
of frauds relative to the coin |
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001 |
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copy/fair copy sheet |
4 |
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recto |
f41 / f42 / f43 / f44 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23583 |
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