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CLASSIFICATION. Law X Physic
Dis Sauvages in his
Nosologia, Damin
in his Elements of
Therapeutics Macbride
— Linnæus Q.
When so much ingenuity has been by industriousexpended in
giving a systematical arrangement to the diseases
of the Body Natural,
why may not the same course be taken to
advantage, with Crimes?, the with Crimes which, with
reference to the objects, may be termed according
to the common Metaphor, the diseases
of the Body Politic, or, with reference to
the agents actors, the diseases of the mind?
And why has it not been taken?[+] & how
[+] is a question that
may be ready to
recur to many] is it that in this & in so many other
respects the Science Art of Legislation should have
stood been so much less indebted to its Professors
than the art of Healing?
It is because neither the Spirit of Civil Tyranny,
nor the Spirit of Dogmatic Theology which
which poisons every thing it touches, have
not ether separately or in alliance
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brooded over the latter, as over the former
Science to check the flight of Genius.
No Bugbear Nothing either from without, or from within
has stood hover'd before the one as before the other
to ify from the assuming/ption to prevent the assumption of first principles [+]
[+] wheresoever Judgement
should]\ directed from out of
the whole expansionboundless expence
of the subject of Intellect with the most unlimited freedom, or
the pursual of pursuing them through their utmost consequences.
As is to use a distinction
to
for
not
which I think I
have met with somewhere
in Ld Bacon
& in classifiable
have proceeded as
Accordingly on the well trodden field of the Science The Tactic powers of the have bestowed themselves
vigorously on all sides; & if many things
Physician
would have done, if
interspersed in their
they had divided d
divisions of
into as were
treated by Bleeding,
treated by Antimony
such as were treated
yet remain obscure ill-defined, ill arranged methodised
it may be deemed, to use a distinction
of Ld Bacon's like imperfection not
hominis. but artis from then a defect in the number
or distinctness in the phenomena,
not either of labour/industry or
ingenuity in their arrangements
On the other hand If we would ever form a Judgement of the manner
in which Lawyers have proceeded in
marshalling the articles of their Science? [are
need let us</add] but] conceive of the medical Systematic
as having interspersed in their Divisions of
diseases such as were treated by with Antimonyby Opium
Hay with Fever Bleeding, such as were treated by Opium,
such as were treated by Antimony, &
such as were treated by the Bark
[+]I open a celebrated Book of Institutes,
& I there read that 'Premunire is an
offence' ... It might as well have
1
It were as proper to
say (did not usage
in some sort authorize
the preceding expression) been said1] that Opium is a disease.
It were even more so, since the congruityapplication
The multiplicity
variety of Activity
of that inar was
such as laid them
under a happy
necessity of of the same remedy to diseases of different
[+] at least till the
Reference were weakened
by a more
particular [exposition
of their natures]; detect
their causes & their symptoms denominations might seem [+] to infer indicate
some degree sort of analogy between the diseases
themselves — But what Analogy is there
for example between the Offence of bringing the Popish
trumperies into the Realm, + no Eliz. c. 2.] & that of acting ending
Having the part of procurer in contract
forcibly transporting men & women [subjects] out of it? ] || [||a
+ 13 Eliz. c. 2. ||31. Car.2.c.2.
CLASSIFICAT. Law X Physic
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[+]I open athe most celebrated Book of Institutes, & at the
8th Chapter of the 4th Book & at the opening] the past sentence
of that chapter [+] [I find this Sentence
+4 Comm. 102 | A third in a note species of offence more immediately
[+]+ I read, that
Premunire is an
offence. | affecting the King & his government,
| thought not subject to capital Punishment
| is that of Premunire] or+. . ] . . .
IIII The same Author a f ew pages after ++ with
16.++115 his usual elegance, & not without energy
proceedeth in this strain. "Thus for the
penalties of Præmunire seem to have kept
within the proper hands of their original
institution, the depressing of the power
A Note
The 1st of these may
indeed be said to affect
more immediately the
King & his Government
but what is there in
the latter whereby it
may be said to do so
more than in MurderBattery
in theft & in Extortion of the Pope: but they being pains of no
inconsiderable consequence, it has been
thought fit to apply the same to other
heinous offences; some of which bear more
& some less relation to their original offence
[BR}{1}[ ]
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