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But enough of theory: it is time to recurr to factfacts.
Let us striveconsider how and by whom and how, this proving by
which in some instances out of the declared will of Parliament
is defeatedset aside, is in fact exercised.
In the first place, let us consider the power ofsuch part of the pardon.
as is exercised avowedly under that name.
The first thing to be done would be to ascertain the
person if one, other than the King, by the means of whom- is to make out a list
of the persons of more than one, by the means of any
one of whom, - no other mind applying - itself to the business,
a pardon is procurable: I mean in the case of these
offences of rapacious indigence individually taken of which from & one if so to inviction out of
, of the cases capitally punishable, individually taken
are composed.
This list,has been at all times multifarious, being within
the memory of man been at different times different.
At no time have I been able has it been compleatly
within my knowledge of what individual personages it was conpoir:
and if th it had been, havingbeing about to to say that which
I havewas about to say had it even it now in any person to form [+] there was any thing wrong, who is there that would be punished for it? - not the wrongdoer but myself: - not he for doing wrong, but myself for telling of it.
any such list, I know better things than to make communication
of it. Some individualperson of the member, for
might I would be sure of, there might be, to whose feeling,
which I have to say in the subject might proveafflictive painful
injurious, offensive, afflictive painful, violatinous vulnerary, is something to that of the
like, purport or effect.- and in that case, if there were any thing wrong
in the acts which I have to indicateallude to [+], not the or and[+] by the concurrence of a vigilant Attorney General, a tenderly sentimental Judge, and an habitually docile Jury, of quiescence and the names of Jurymen
any of them, but myself the indicator, would in a waybe exposed to
suffer for it. The truth of the reputation, supposing witnesses
at my command, with a sufficient degree of corruptness and compliantness
in their and permission shown to me to produce proof for the proof of it, would be either a non-justification of my act, or an aggravation of it, according as a dictum to the one or the other effect, happened, at the time of my receiving sentence, to find most favour in the
eyes of the renowned and learned Judge.
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Identifier: | JB/107/242/001"JB/" can not be assigned to a declared number type with value 107. |
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1809-01-31 |
1 |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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242 |
peines |
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001 |
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text sheet |
1 |
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recto |
c1 / e41 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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35233 |
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