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29 Jany 1809 Strictures on Paley's Net
1
"Power of Pardon properly
vested in the King"
All that this paragraph
amounts to, except the
serving to make the
transition from one subject
to another is the
asserting the fact that the
power of pardon is lodged
in the King & that it
in Paley's opinion it is
proper it should so be. p. 34
2.
"The suspending the laws
"ought not to be committed
"to many hands" -
But the power here in
question is not a suspending
but a dispensing
power the distinction
between which has not
been observed by Paley — p. 35
3
Any more than whether
the operation is supposed
joint or several.
a circumstance upon which the amount
of the defalcation made
from the deposition would
depend. p. 35.
4
Since if in each instance
a single will is sufficient
in the more instances the
law will be violated. p. 38.
5
"Too high for an inferior
officer".
Inferiority is relative.
Except in respect of the
King the investing an
individual with this
power would confer superiority. —
But that
if not avowedly it is unavowedly
bestowed conferred
on inferiors will presently
appear. p.36.
6
"The King can collect the
"necessary advice"
Not so: since per Paley
circumstances that constitute
the propriety of
capital punishment are
inexpressible. p 37.
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7.
"King uninfluenced by
private motives"
But those on whose
advice his opinion is
formed may not be. p 37.
8.
The power so conferred
being thus in fact arbitrary
and unconstitutional
what Paley contents
himself with is
a sermonlike statement
of the mode on which
it ough to be exercised. p.38.
9.
If this dispensing power
be good when applied
to penal law apply it
to finance and give the King
the power of raising 9
10th of the yearly supplyies
accompanying with a
recommendation like
the above not to employ
his power in an improper
manner. p 39.
Accompanied with
such a douceur the
Stuarts averse as they
were to being sermonized
would have heard
with pleasure such a
one as this. p. 40.
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Identifier: | JB/107/196/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01-29 |
1-9. 1-5 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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196 |
strictures on paley's net |
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001 |
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marginal summary sheet |
1 |
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recto |
d4 |
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35187 |
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