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<head>Note.</head><!-- left of centre --> | <head>Note.</head><!-- left of centre --> | ||
<p>should happen should take upon him to draw a conclusive inference | <p>should happen should take upon him to draw a conclusive inference | ||
<lb/> | <lb/> | ||
from such premises would be justly accused of rashness : what shall | from such premises would be justly accused of rashness: what shall | ||
<lb/> | <lb/> | ||
we say of a Legislator who from the same premises takes upon him | we say of a Legislator who from the same premises takes upon him | ||
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to draw the same inference in all cases that can ever happen ? | to draw the same inference in all cases that can ever happen? | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent --><note>The Lenity of the Judge an unsafe dependence.</note> A circumstance indeed which in <del>this country</del> <add>England</add> contributes greatly | <p><!-- indent --><note>The Lenity of the Judge an unsafe dependence.</note> A circumstance indeed which in <del>this country</del> <add>England</add> contributes greatly | ||
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to remove the danger, and , together with other circumstances , in a <sic>compleat</sic> | to remove the danger, and, together with other circumstances, in a <sic>compleat</sic> | ||
<lb/> | <lb/> | ||
degree the apprehension , which such a Law would excite in almost | degree the apprehension, which such a Law would excite in almost | ||
<lb/> | <lb/> | ||
any other country is that disposition to mercy of the prevalence | any other country is that disposition to mercy of the prevalence | ||
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of which every man is pretty well assured in the tribunal which is | of which every man is pretty well assured in the tribunal which is | ||
<lb/> | <lb/> | ||
to try him . A man will think himself pretty secure , and in general | to try him. A man will think himself pretty secure, and in general | ||
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will <add>in fact</add> be pretty secure , that no Jury, unless they thought him | will <add>in fact</add> be pretty secure, that no Jury, unless they thought him | ||
<lb/> | <lb/> | ||
concerned with Coiners , would every convict him on such a Law ; nor | concerned with Coiners, would every convict him on such a Law; nor | ||
<lb/> | <lb/> | ||
any Judge, who was not of the same opinion , let him suffer for it | any Judge, who was not of the same opinion, let him suffer for it | ||
<lb/> | <lb/> | ||
though he were convicted. But that security , though a very good one | though he were convicted. But that security , though a very good one | ||
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in the main, is from the nature of things liable in particular instances | in the main, is from the nature of things liable in particular instances | ||
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to fail : especially as the Jury , in order to do their parts in | to fail: especially as the Jury, in order to do their parts in | ||
<lb/> | <lb/> | ||
saving a man , must, by deciding against the letter of the Law, violate | saving a man, must, by deciding against the letter of the Law, violate | ||
<lb/> | <lb/> | ||
their oaths of Office and thereby incur the guilt of a kind of | their oaths of Office and thereby incur the guilt of a kind of | ||
40 Pt IV .
C
Reasons Of Frauds relative to the Coin. Reasons
Provisions which it would be necessary to insert for this purpose
Note.
should happen should take upon him to draw a conclusive inference
from such premises would be justly accused of rashness: what shall
we say of a Legislator who from the same premises takes upon him
to draw the same inference in all cases that can ever happen?
The Lenity of the Judge an unsafe dependence. A circumstance indeed which in this country England contributes greatly
to remove the danger, and, together with other circumstances, in a compleat
degree the apprehension, which such a Law would excite in almost
any other country is that disposition to mercy of the prevalence
of which every man is pretty well assured in the tribunal which is
to try him. A man will think himself pretty secure, and in general
will in fact be pretty secure, that no Jury, unless they thought him
concerned with Coiners, would every convict him on such a Law; nor
any Judge, who was not of the same opinion, let him suffer for it
though he were convicted. But that security , though a very good one
in the main, is from the nature of things liable in particular instances
to fail: especially as the Jury, in order to do their parts in
saving a man, must, by deciding against the letter of the Law, violate
their oaths of Office and thereby incur the guilt of a kind of
Perjury. Add to this that before the case comes before a Jury a man may
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Identifier: | JB/071/169/004"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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169 |
of frauds relative to the coin |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f37 / f38 / f39 / f40 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23572 |
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