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(26<lb/ | <head>(26<lb/>Observations.</head><lb/><head>Recognizance.</head><lb/> | ||
<p>in this the consent is given formally and specifically<lb/>Let us now see how the business is managed <add>by a recognizance</add> in the common<lb/>form. In the first place, without any consideration<lb/>mentioned, without any account given how the debt<lb/><del>should</del> <add>could</add> have arisen [<del>there being in</del> no such debt having<lb/>in fact ever been incurred] it is declared that the party<lb/>bound (the cognizee as he is called) is in debt to<lb/>such an amount to the King. <del>And the</del> This is declared<lb/>absolutely and without restriction or defeazance.<lb/>After that, indeed, a method is pointed out whereby<lb/>the cognizees may discharge themselves from this<lb/>debt - and that is by complying with <add>observance of</add> the condition.<lb/>It happens very often (as for instance in the particular<lb/>case before us) that the mode of conduct conditioned for<lb/>is of the negative kind, a habit of forbearance. <add>In this case</add> the representation<lb/><lb/>of the business is then truly <del><gap/></del> ridiculous.<lb/><add>and uncouth.</add> A man owes money <add>to the King</add> now at this instant<lb/><del>to the King</del>: and the way <add>method</add> given him to free himself<lb/>is, by persisting without failure in a habit which is<lb/>to continue perhaps during his life. According to this<lb/>the mode of conduct which is to free him from the obligation<lb/><add>is a mode of conduct that</add> can not have been observed till the man is dead: <add>shall have died:</add><lb/><note>but consult the instrument, & you would suppose</note> the obligation lies upon him to be fulfilled from the<lb/><del>very</del> first. <add>instant.</add> <del>He is bid to pay the money down immedia</del> </p> | |||
(26
Observations.
Recognizance.
in this the consent is given formally and specifically
Let us now see how the business is managed by a recognizance in the common
form. In the first place, without any consideration
mentioned, without any account given how the debt
should could have arisen [there being in no such debt having
in fact ever been incurred] it is declared that the party
bound (the cognizee as he is called) is in debt to
such an amount to the King. And the This is declared
absolutely and without restriction or defeazance.
After that, indeed, a method is pointed out whereby
the cognizees may discharge themselves from this
debt - and that is by complying with observance of the condition.
It happens very often (as for instance in the particular
case before us) that the mode of conduct conditioned for
is of the negative kind, a habit of forbearance. In this case the representation
of the business is then truly ridiculous.
and uncouth. A man owes money to the King now at this instant
to the King: and the way method given him to free himself
is, by persisting without failure in a habit which is
to continue perhaps during his life. According to this
the mode of conduct which is to free him from the obligation
is a mode of conduct that can not have been observed till the man is dead: shall have died:
but consult the instrument, & you would suppose the obligation lies upon him to be fulfilled from the
very first. instant. He is bid to pay the money down immedia
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Identifier: | JB/079/088/002"JB/" can not be assigned to a declared number type with value 79. |
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079 |
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088 |
alehousekeepers observations |
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002 |
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text sheet |
4 |
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recto |
e25 / e26 / e27 / e28 |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with crown motif]]] |
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25530 |
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