JB/098/029/003

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32 C

Of Co-offenders

Quest. III

Why a justification applying to the instigator is made to extends
to the perpetrators as to every punishment but cautionation.

Reasons

Because there is no alarm: & the cautionation provides against the danger.
In this case there is no attempt distinguishable as
in the last preceding: the ala In that case it is true the
alarm is not likely to be very great: but in this it is
likely to be still less. The other part of the secondary
mischief, viz: the real danger is indeed the same in
both cases. But the bulk of mankind in such cases
are not apt to infer danger but where they see actual
mischief: and the danger consider'd apart from the
alarm may be provided for against by the expedient of cautionation.

This case and the preceding are both very rare.
There are here provided for, only that nothing may appear
to be omitted.

Quest. IV.

Why an aggravation applying to one co-offender, is
not made not to extend to another, when the what
belongs to each can clearly be distinguished.

Reasons

1. Because the to proceed in the opposite way would
be to punish a man pro tanto for what he was
not guilty of: in which case the punishment would be
groundless as well as needless. + See Introd. Tit. [Cases unmeet &c] +

Identifier: | JB/098/029/003"JB/" can not be assigned to a declared number type with value 98.
Date_1		Marginal Summary Numbering	not numbered
Box	098	Main Headings	penal code
Folio number	029	Info in main headings field	of co-offenders
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f31 / f32 / f33 / f34
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] propatria [britannia with shield emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31637
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