29 Jan 1809

Peines 1 9

Paley Deliberated upon 10 "The execution of the sentence is deliberated upon" Meaning not by the King for that is impossible but by the Judge - Which supposes what was just before & is just after pronounced impracticable, that the Judges in words actually thus express the circumstances calling for capital punishment in each particular instance

"Deliberated upon"? the execution of the sentence

deliberated upon? - how and by whom? By the

King alone, conversing with himself alone thinking in his own person? A supposition

so extravagant can hardly have been intended:

his Majesty. whole time for a task like this, the whole disposable time of this royal person would hardly be sufficient .

Deliberated upon by persons more than one, Speaking

as well as thinking together? If so, observe the consequence.

Of the materials for such thinking, a part, and by the

Reverend Doctor the part first mentioned, consist of the

" general" character of the crimes of those in whose instance

the execution of this sentence, i.e the question whether

to put them to death according to law, or save them from it in disobedience to the is thus

taken for the subject of deliberation. But In this

But this " general" character of the crimes in question,

by what means is it to be rendered the subject of the

deliberation - of the conversation the existence of which

be for , and with so much a satisfaction contemplated? is so decidedly assumed and so thoroughly

approved of? By what means, but by general

words, in the same way as in being the same instruments by which in relation to any other

subject, general ideas are by such as are capable of them wont to be expressed? Here

then, in this page it seems, that the circumstances in

question - viz the circumstances on which the propriety or

impropriety of inflicting capital punishment turns are

perfectly compleatly capable of being expressed: which at the same time

in the next preceding page but on these same circumstances

were as inexplicably decidedly and insuperably - inexpressible: "circumstances which,

"however easy to perceive" ...... "it is impossible to enumerate

"or define."