JB/031/071/001

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1828 Sept. 28
Blackstone

All
Ch. Universal Jurisprudence
§ Wrongs maleficent acts
Offences

6
Conspiracy vague
meaning attached
to the word

The word conspiracy if well managed is of itself enough for our
purpose: it is a mere waste of words to employ any
of those others. Two men do something some act any act, in
apparent concert, the act does not a cause: it does
not come under any of the denominations employed in giving
names to a crime: if it did, we should punish men
for it under that name. We therefore assume its being
a criminal act: which being assumed, the being engaged
in it is a conspiracy: and conspiracy whatsoever
be the act to which is done in concert is already
among the acts which we have already succeeded in
aggregating to our stock of crimes and punishing as such.

But in the first instance, as above, to the
warrant us in treating the act in question as a
crime two persons at least engaged in it in concert
or at any rate presumed and said by is to be so engaged in it
were deemed considered necessary. On another occasion not
more than one person can be found engaged in
it: no matter: the act being already constituted a
crime — aggregated to our stock of crimes, is it
a reason for letting off a criminal a man's being
the only one engaged in crime — is that a reason
for leaving him unpunished?

Mr Bentham once published a pamphlet against
this mode of manufactory male prohibite and
making them into crimes: his more particular object on that
occasion was, to save his gangs of criminals from
punishment. The late Major Cartwright of
Give us our rights memory and Sir Charles Wolseley
were of the number. M I employed the late Mr J Benyon
as Attorney General for Chester, and Mr Justice Warren as Judge
for
for do to answer the
pamphlet. They did so
saying that wise men
sometimes did foolish
things. This was at once
civil and effectual. The
Jury were satisfied by it,
and said Guilty!

We cannot punish a man for any thing we please; for one thing as well as another. Suppose for example a fancy took us for punishing Mr
Bentham for his pamphlet: we would punish him as for a libel: — we would punish him as for a conspiracy. In this case we could say to speak [+]1
[+] of him as having conspired with the Printer:
or if we had a mind to scare the Printer, we
might put John Doe into the indictment
in his stead. To be sure John Doe [+]2
[+]2 could b not be found: for though continually
hunted he is never found. But is that a reason
why a conspirator such as Mr Bentham should
go unpunished.

Identifier: | JB/031/071/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-28	Marginal Summary Numbering	6
Box	031	Main Headings	civil code
Folio number	071	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	george bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9757
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