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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>thubes</del><add>Questions</add> may be conceived<lb/> | |||
to be involved, decided by 2 respective Thubes: the<lb/> | |||
one a particular one, the other a general.</p> | |||
<p>Let the Trial be for Theft: one question is, whether<lb/> | |||
the <unclear>accused</unclear> has done <del>with</del> that wherewith<lb/> | |||
he is charged: this is a particular one; for it<lb/> | |||
concerns him only -</p> | |||
<p>Another question is, whether that <add>with</add> which he is<lb/> | |||
charged amounts to Theft: & this is a general<lb/> | |||
one: for it concerns not him only, but every one<lb/> | |||
whoso else doth that thing, <add>his fate shall be the same</add> shall <del>suffer</del> (supposing<lb/> | |||
the Punishment for Theft be fixed) suffer in the same<lb/> | |||
manner</p><pb/> | |||
<p>Observe we, how happily this is considered</p> | <p>Observe we, how happily this is considered</p> |
PROCEDURE. LAW X FACT
In the Issue of every Trial, two thubesQuestions may be conceived
to be involved, decided by 2 respective Thubes: 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 considered
He whose appointment is not fortuitous, nor
sudden, nor& who is irrecusable it is he who con makes /del>
but the General Rule: a Rulewhich is the same toy<add>&</add> one, & to all: which is adverse
this day to his Enemies, to his Friends, the
next.
ToOf 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 iin Judgment in the Judge does harm works iniquity injuryto many: it is he
on 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>lb/>
to one only: it is less guarded against in them.
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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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