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'' | <head>29 Jan<hi rend='superscript'>y</hi> 1809</head> | ||
<head>Strictures on Paley's Net</head> | |||
<head>1</head> | |||
<p>"Power of Pardon properly<lb/> | |||
vested in the King"</p> | |||
<p>All that this paragraph<lb/> | |||
amounts to, except the<lb/> | |||
serving to make the<lb/> | |||
transition from one subject<lb/> | |||
to another is the<lb/> | |||
asserting the fact that the<lb/> | |||
power of pardon is lodged<lb/> | |||
in the King & that <del>it</del><lb/> | |||
in Paley's opinion it is<lb/> | |||
proper it should so be. <add>p. 34</add></p> | |||
<head>2.</head> | |||
<p>"The suspending the laws<lb/> | |||
"ought not to be committed<lb/> | |||
"to many hands" -</p> | |||
<p>But the power here in<lb/> | |||
question is not a <hi rend='underline'>suspending</hi><lb/> | |||
but a <hi rend='underline'>dispensing</hi><lb/> | |||
power the distinction<lb/> | |||
between which has not<lb/> | |||
been observed by Paley — <add>p. 35</add></p> | |||
<head>3</head> | |||
<p>Any more than whether<lb/> | |||
the operation is supposed<lb/> | |||
joint or several.<lb/> | |||
<add>a circumstance</add> upon which the amount<lb/> | |||
of the defalcation made<lb/> | |||
from the deposition would<lb/> | |||
depend. <add>p. 35.</add></p> | |||
<head>4</head> | |||
<p>Since if in each instance<lb/> | |||
a single will is sufficient<lb/> | |||
in the more instances the<lb/> | |||
law will be violated. <add>p. 36.</add></p> | |||
<head>5</head> | |||
<p>"Too high for an inferior<lb/> | |||
officer".</p> | |||
<p>Inferiority is relative.<lb/> | |||
Except in respect of the<lb/> | |||
King the investing an<lb/> | |||
individual with this<lb/> | |||
power would confer superiority. —<lb/> | |||
But that<lb/> | |||
if not avowedly <add>it</add> is unavowedly<lb/> | |||
<del>bestowed</del> conferred<lb/> | |||
on inferiors will presently<lb/> | |||
appear. <add>p.36.</add></p> | |||
<head>6</head> | |||
<p>"The King can collect the<lb/> | |||
"necessary advice"</p> | |||
<p>Not so: since per Paley<lb/> | |||
circumstances that constitute<lb/> | |||
the propriety of<lb/> | |||
capital punishment are<lb/> | |||
<hi rend='underline'>inexpressible.</hi> <add>p 37.</add></p> <pb/> | |||
<head>7.</head> | |||
<p>"King uninfluenced by<lb/> | |||
private motives"</p> | |||
<p>But those on whose<lb/> | |||
advice his opinion is<lb/> | |||
formed may not be. <add>p 37.</add></p> | |||
<head>8.</head> | |||
<p>The power so conferred<lb/> | |||
being thus in fact arbitrary<lb/> | |||
and unconstitutional<lb/> | |||
what Paley contents<lb/> | |||
himself with is<lb/> | |||
a sermonlike statement<lb/> | |||
of the mode on which<lb/> | |||
it ought to be exercised. <add>p.38.</add></p> | |||
<head>9.</head> | |||
<p>If this dispensing power<lb/> | |||
be good when applied<lb/> | |||
to penal law apply it<lb/> | |||
to finance and give the King<lb/> | |||
the power of raising 9<lb/> | |||
10<hi rend='superscript'>th</hi> of the yearly suppl<del>y</del>ies<lb/> | |||
accompanying with a<lb/> | |||
recommendation like<lb/> | |||
the above not to employ<lb/> | |||
his power in an improper<lb/> | |||
manner. <add>p 39.</add></p> | |||
<p>Accompanied with<lb/> | |||
such a douceur the<lb/> | |||
Stuarts averse as they<lb/> | |||
were to being sermonized<lb/> | |||
would have heard<lb/> | |||
with pleasure such a<lb/> | |||
one as this. <add>p. 40.</add></p> <pb/> | |||
<head>1</head> | |||
<p>Power of Pardon how<lb/> | |||
exercised —</p> | |||
<p>Mention of names here<lb/> | |||
cautiously abstained from<lb/> | |||
<sic>least</sic> it might prove<lb/> | |||
injurious to feeling, &<lb/> | |||
draw down punishment,<lb/> | |||
not on the indicated<lb/> | |||
but on the indicator. <add>p. 41</add></p> | |||
<head>2</head> | |||
<p>From fear of inaccuracy<lb/> | |||
& <sic>least</sic> individuals<lb/> | |||
might suffer for the<lb/> | |||
vices of the system the<lb/> | |||
statement here given is<lb/> | |||
general <add>&</add> indeterminate. <add>p 42.</add></p> | |||
<head>3</head> | |||
<p>A man committed various<lb/> | |||
atrocious crimes<lb/> | |||
A- had a relation who<lb/> | |||
was raising Soldiers<lb/> | |||
& had also the means<lb/> | |||
of procuring Pardons<lb/> | |||
the offender consented<lb/> | |||
to enlist & his pardon<lb/> | |||
was procured. <add>p. 42.</add></p> | |||
<head>4</head> | |||
<p>The fact when recent<lb/> | |||
related to J.B. by unquestioned<lb/> | |||
authority - <add>p. 43.</add></p> | |||
<head>5</head> | |||
<p>Raven's relation<lb/> | |||
of the temptations he<lb/> | |||
was exposed to. <add>p. 43.</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
29 Jany 1809 Strictures on Paley's Net
1
"Power of Pardon properly
vested in the King"
All that this paragraph
amounts to, except the
serving to make the
transition from one subject
to another is the
asserting the fact that the
power of pardon is lodged
in the King & that it
in Paley's opinion it is
proper it should so be. p. 34
2.
"The suspending the laws
"ought not to be committed
"to many hands" -
But the power here in
question is not a suspending
but a dispensing
power the distinction
between which has not
been observed by Paley — p. 35
3
Any more than whether
the operation is supposed
joint or several.
a circumstance upon which the amount
of the defalcation made
from the deposition would
depend. p. 35.
4
Since if in each instance
a single will is sufficient
in the more instances the
law will be violated. p. 36.
5
"Too high for an inferior
officer".
Inferiority is relative.
Except in respect of the
King the investing an
individual with this
power would confer superiority. —
But that
if not avowedly it is unavowedly
bestowed conferred
on inferiors will presently
appear. p.36.
6
"The King can collect the
"necessary advice"
Not so: since per Paley
circumstances that constitute
the propriety of
capital punishment are
inexpressible. p 37.
---page break---
7.
"King uninfluenced by
private motives"
But those on whose
advice his opinion is
formed may not be. p 37.
8.
The power so conferred
being thus in fact arbitrary
and unconstitutional
what Paley contents
himself with is
a sermonlike statement
of the mode on which
it ought to be exercised. p.38.
9.
If this dispensing power
be good when applied
to penal law apply it
to finance and give the King
the power of raising 9
10th of the yearly supplyies
accompanying with a
recommendation like
the above not to employ
his power in an improper
manner. p 39.
Accompanied with
such a douceur the
Stuarts averse as they
were to being sermonized
would have heard
with pleasure such a
one as this. p. 40.
---page break---
1
Power of Pardon how
exercised —
Mention of names here
cautiously abstained from
least it might prove
injurious to feeling, &
draw down punishment,
not on the indicated
but on the indicator. p. 41
2
From fear of inaccuracy
& least individuals
might suffer for the
vices of the system the
statement here given is
general & indeterminate. p 42.
3
A man committed various
atrocious crimes
A- had a relation who
was raising Soldiers
& had also the means
of procuring Pardons
the offender consented
to enlist & his pardon
was procured. p. 42.
4
The fact when recent
related to J.B. by unquestioned
authority - p. 43.
5
Raven's relation
of the temptations he
was exposed to. p. 43.
|
Identifier: | JB/107/196/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01-29 |
1-9. 1-5 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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196 |
strictures on paley's net |
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001 |
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marginal summary sheet |
1 |
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recto |
d4 |
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35187 |
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