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<head>PROCEDURE. LAW X FACT.</head> | <head>PROCEDURE. LAW X FACT.</head> | ||
<p>In the Issue of every Trial, two <del>Rules</del><add>Questions</add> may be conceived<lb/> | <p>In the Issue of every Trial, two <del>Rules</del> <add>Questions</add> may be conceived<lb/> | ||
to be involved, decided by 2 respective | to be involved, decided by 2 respective Rules: the<lb/> | ||
one a particular one, the other a general.</p> | one a particular one, the other a general.</p> | ||
<p>Let the Trial be for Theft: one question is, whether<lb/> | <p>Let the Trial be for Theft: one question is, whether<lb/> | ||
the | the accused has done <del>with</del> that wherewith<lb/> | ||
he is charged: this is a particular one; for it<lb/> | he is charged: this is a particular one; for it<lb/> | ||
concerns him only -</p> | concerns him only -</p> | ||
<p>Another question is, whether that <add>with</add> which he is<add><gap/></add><lb/> | <p>Another question is, whether that <add>with</add> which he is <add><gap/></add><lb/> | ||
charged amounts to Theft: & this is a general<lb/> | charged amounts to Theft: & this is a general<lb/> | ||
one: for it concerns not him only, but every one<lb/> | one: for it concerns not him only, but every one<lb/> | ||
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<p>He whose appointment is not fortuitous, nor<lb/> | <p>He whose appointment is not fortuitous, nor<lb/> | ||
sudden, <del>nor</del><add>&</add> who is irrecusable, <add>it is he who</add> <del>con</del> makes <del><gap/>/del> <lb/> | sudden, <del>nor</del><add>&</add> who is irrecusable, <add>it is he who</add> <del>con</del> makes <del><gap/>/del> <lb/> | ||
<del>but</del> the General Rule: a Rule<add>which is the same toy<add>&</add></add><add> one, & to all</add>: which is adverse<lb/> | <del>but</del> the General Rule: a Rule <add>which is the same toy <add>&</add></add><add> one, & to all</add>: which is adverse<lb/> | ||
this day to his Enemies, to his Friends, the<lb/> | this day to his Enemies, to his Friends, the<lb/> | ||
next.</p> | next.</p> | ||
<p><add>To</add><del>Of</del> him whose appointment is fortuitous, & sudden,<lb/> | <p><add>To</add> <del>Of</del> him whose appointment is fortuitous, & sudden,<lb/> | ||
who in some instances is | who in some instances is recusable, (better <del><gap/></del><lb/> | ||
it were in all) it belongs to pronounce the particular <lb/> | it were in all) it belongs to pronounce the particular <lb/> | ||
rule which shall be<add>decides the fate of </add> such to one only.<lb/> | rule which shall be<add>decides the fate of </add> such to one only.<lb/> | ||
PROCEDURE. LAW X FACT.
In the Issue of every Trial, two Rules Questions may be conceived
to be involved, decided by 2 respective Rules: the
one a particular one, the other a general.
Let the Trial be for Theft: one question is, whether
the accused has done with that wherewith
he is charged: this is a particular one; for it
concerns him only -
Another question is, whether that with which he is
charged amounts to Theft: & this is a general
one: for it concerns not him only, but every one
whoso else doth that thing, his fate shall be the same shall suffer (supposing
the Punishment for Theft be fixed) suffer in the same
manner
---page break---
Observe we, how happily this is contrived
He whose appointment is not fortuitous, nor
sudden, nor& who is irrecusable, it is he who con makes /del>
but the General Rule: a Rule which is the same toy <add>&</add> one, & to all: which is adverse
this day to his Enemies, to his Friends, the
next.
To Of him whose appointment is fortuitous, & sudden,
who in some instances is recusable, (better
it were in all) it belongs to pronounce the particular
rule which shall bedecides the fate of such to one only.
Error in Judgment in the Judge does harm works iniquity injury to many: it is he
in whom it is principally guarded against by the
nature of the qualifications required of him
Error of Judgment in the Jurydoes have works iniquity<add>injury</add>
to one only: it is less guarded against in them.
---page break---
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Identifier: | JB/050/086/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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086 |
procedure law & fact |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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16077 |
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