JB/095/091/001

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PROCEDURE Evidence

The execution of a Law depends upon the
union conjunction of these 2 things in the same person or in the same set of persons necessary to minister to the it's execution of a Law
Interest Motive and Power: [meaning by Interest, not
merely a pecuniary one, but any thing principle whether
referable to the concupiscible appetite or the irascible
that can be depended upon for it's acting
as a motive upon men in their individual . the majority of mankind.]
[We may often observe great pains taken by the
Statute Law to create one to bring about the case
wherein the Common Law has taken away the
other]

At the same time that When therefore we observe <add>If this be true</add> the Statute Law takes while it gives one,
may suffering very patiently the Common Law to take
away the other, we need not wonder to see a still greater (debility
the consequence of it's efforts] so often as
we do the parade of effort, and debility and debility
the consequence. That Interest is to be reputed for as to the competency, which arises only upon the supposition of the natural guilt of the "acc"used. ex gr. the general interest in the enforcement of a Law.

having uppermost and anger command With what degree of propriety the founders of our
the prevailing System of evidence have acted, in confirming rigorously attacking
the consequence of incompetency to that sort
of interest which [has it's] roots [in] arises out of the concupiscible
appetite, whence the origin of the distinction exclusion in in disregard to the exclusion of the irascible

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in the breasts of those who formed it, whether,
(as men have no surer mode of judging of the sentiments
of others more obvious of than by analogy to their own,) from the habit
of having here uppermost, and anger at command,
it is not my present business to enquire: And even here to the case where the gratification of that appetite is either near or certain this at
least will be granted, that any no means of uniting promoting the
union between the 2 desiderata postulations beforementioned ought ever to be omitted, that is consistent with
the reigning system principles received that is received, ought ever to be omitted.

Accordingly, when as a help to its execution
the Law gives a new Interest where more than there was
before, it may at least contrive not to take drive
away a power not accompanied by a defect of power out as it were by means of that very interest which of that power which together gives
with a certain tho' weaker & more variable degree of interest
subsisted already in the subject

Identifier: | JB/095/091/001"JB/" can not be assigned to a declared number type with value 95.
Date_1		Marginal Summary Numbering
Box	095	Main Headings
Folio number	091	Info in main headings field	procedure evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	30977
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