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Note (a) continued
B.II. Under Revelation
Ch.5.
16
The place in which the proper sense of religion was imbibed by this Honourable Gentleman was 'Oriel College Oxford', of which he had been 'a Gentleman Commoner'.* Bentham footnote: ‘*As p.327.’ It was in that seat of religious harmony that he had learnt, as above, the virtue of faith and repentance as a specific against /damnation/ future punishment, and that of the sacrament bread and wince eat in a mystical manner, in the character of a corroboration 'giving still greater fortitude' to habitual and convicted murderers.
Against the pious gentleman 'there were on that same occasion /on similar charges/ no other indictments the trial of which, /was/ according to legal custom superseded by conviction on the first. By /From/ accounts transmitted in that same occasion there is ground for believing that at the expense of the value of above 100 of his slaves, he had purchased the satisfaction of putting them to death with or without /previous/ torture in various shapes, one of which was the pouring boiling water down their throats.
The best instruction may fail of producing good effects. True: but the question is whether of /instructions such as/ these the tendency, the predominant tendency is /be/ not to produce not good effects but bad ones.
He pardoneth /will pardon/ all those that truly repent and unfeignedly believe him to be the lawful sovereign, and thence subscribe his laws. What /influence/ effect would a penal law a capitally penal law have with such a /proclamation/ declaration tacked to it? About the same effect as those capitally penal laws have in England /in/ which in such abundance is made to give the touch of his [...?][...?] among courtiers and judges the promise of wisdom and mercy may be shared for combining with the advice and applause of the Reverend D r Paley, to turn them into a dead letter.
On the part of no [...?] sovereign on the part of a King of Great Britain and Ireland.
26(a) continued
4. Hodge a gentleman Commoner of Oriel: there he learnt the virtue of the sacraments as a corroborative to murderers.
5. From conviction for 6 other slave murders he was saved by conviction for this one. Per accounts, which number above 100.
6. Objection. The best instructions may fail of producing good effects. Answer. Conceditur: but if such as this the predominant tendency is to produce bad ones.
7. Apply to capitally penal laws such assurance of pardon: consequence inefficiency, as in those which Paley defends: enacted that the [...?] of mercy may be shared among courtiers and judges.
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Title: [29 Jan y 1809 Peines Pardon]Description: 29 Jan y 1809 Peines Pardon should be the rare case. disagree inferred from negligence. if laws were made with the new though intention of their being in nine instances out of ten. Paley 3 Which is different from the power of pardon. the dispensing power as now exercised being the rule - pardon only an exception & that for reasons assigned Not I indeed: is my conception of the matter between the possession and exercise of a power of pardoning on the one hand, and the exercise of what is so well known under the name of a dispensing power there exists a perfectly very clear and distinguishable difference. As to the power of pardon, the latitude field of that according to my conception of the matter ought to be given to it, marked out for it as well as by what authority, has already been brought to view. Such is not the field actually marked out: for in this as in so many other spots or portions of the field of laws all is yet in the state of primaeval barbarism - all in a state of waste: no inclosure. no determinate boundaries, no boundary line any where [+] In the field of law as in the field of agriculture - every thing kept as much far as possible in a state of wilderness under the influence of the same narrow and sinister interest - and by the same But though boundary lines are here wanting, principles are not: and if in the English constitution there is one principle better settled these matters, it is that of pardon neither this power nor any other, should be exercised on such grounds, and with such frequency, as to swell into, and be rendered equivalent to, a dispensing power. Go on. It was for exercising a dispensing power this any sort of power that Juries was drawn from the : it was to prevent the exercise of this very sort of power that William was put into his plan.
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Title: [1821. April 17 Penal Law. Under]Description: 1821. April 17 Penal Law. Under the haead of pardon, say - mercy grants pardon upon payment of fees. punishment: Where the offended ruler is that God which is in heaven, dignity being infinite, that punishment ought to be, and is, in each instance, infinite. Where the offended ruler is that God which is on earth, the punishment ought not to be infinite, it ought only to be next to infinite. Where justice alone consulted, such, accordingly, would be the punishment of this sinner. But, in the heart of that God which is upon earth, and with us, justice has, for her never-failing companion and appeaser, mercy whose other name is clemency. Mercy has for her office /junction/ the rendering of no effect to an amount more or less considerable the decrees of justice. In this, as in all other cases, mercy has interposed, and, after deducting from what has been ordained by justice - what has been subtracted from it by mercy, the balance is what my sentence forms that punishment which my /any/ the sentence is about to declare. Among the ingredients of this rhetoric, is an ingenious irony: that irony of which the name is sarcasm. In the language of social intercourse, a visit, in the most frequent signification of the word, is a journey made to a man/'s/ in his residence for motives of kindness - for the manifestation of kindness, such, as your sentence declares, is the kindness, the loving kindness, which you - the convict, the offending sinner, have deserved, and deserve at the hands of that God which is in heaven, at the hands of his most excellent and most worthy representative that God which is upon earth and with us - at the hands of me whom you see his representative and servant.
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Title: [29 Jan y 1809 Peines 10 Paley]Description: 29 Jan y 1809 Peines 10 Paley 21 — & thus the power of Pardon should be altogether abolished But here again may be seen another gratuitous supposition, which lest the confusion should not be yet thick enough, is added to slipt in along with the rest. This is - that of by every person by whom this system of dispensing with the laws nine times out of ten is not approved of - an opinion that can not but be entertained is - that no such power as the power of as he calls of it this severity meaning doubtless the power of pardon should exist in any any where hands. To this proposition for my own part I should suppose this exception would not be difficult to find: and one at least I am sure of. Unfortunately for myself at least the difference in opinion between the reverend Doctor and myself is in regard to this point as well as so many others total and irremediable inexorable. According to him every thing ought to be done He is for having every thing done without reasons; [+] [+] for let him say what he will so long as I feel or fancy myself in possession of the sort of faculty called a reasoning faculty, I never can admitt under the character of a reason, a pretended reason for which he who calls on me to give admission to it in that character acknowledges himself unable to find words. According to the so far a part as concerns the difference between life and death, whatever is done is said to be done by the Theory, may ought to be within propriety be done without reasons (a) (a) present him the Note according to me, nothing: according to him, death and destruction ought to have plan, death and destruction about without reason: pardon, exempting from death, in like manner without reason. According to me, death in no case: with or without reason assigned pardon in every case with reason but in no case without reason. Pardon in every case, but in every case on condition of of reason assigned. To me it seemed and some years before that philosophy of the Reverend Doctors was in print, that the considerations capable on this occasion of making a just good title to the character of reasons might all of them be reduced and is one or other of a determinate number of general heads: and of general heads so framed, that with a field before time of such width as - together they allowed him, the head sufficient guardian of the public security would have no reason to complain of not being sufficiently at his ease. + + Give the grounds for pardon in a Note.
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