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CLASSIFICATION. False - Bl. Comm.2
AGAINST RELIGION
The objects of offence are but of one
sort & these are either certain or uncertain
viz: men; the ways of offenders
are many various:
The disadvantage of these Titles this Title Religion is that opposite & inconsistent regulations may into
them which it matter of which shall yet appear repugnant carry any repugnance with <add>to it this Title on it's face on the face of it: it will receive with
equal facility an ordinance to go to Mass & to forbear; to appeal to the see of Rome, &
not to appeal: to pray to Saints & not to pray to them, it leads to no examination discrimination of
nor any reflections on the judgment concerning the ordinances which it includes. [It receives what is conformable constituent &
what is the contrary with equal complacency facility into it's obsequious arms.]
To augment the confusion, another
competitor is ever and anon introduced
without being formally announced,
that Law of Nature of which we have
before spoken, which thwarts & controuls
those other Laws at the pleasure
of him who introduces it: the obsequiousness
but strictly ......... vehicle organ of his single
voice.
PEACE.
Accordingly we have seen the publication of written scandal, or of a any written something
which has been deemed scandal, number'd among breaches of the Peace, or what is has been made to answer
the same end purpose, among "quasi" breaches of the Peace: whereas quasi breaking of the Peace
means nothing, & breaking of the Peace means either giving somebody uneasiness &
breaking of his Peace of mind, in which sense all offences of the 2 first classes are
breaches of the Peace, & [this not more than another] the terror is no wise characteristical of this; or it
such a disturbance of tranquillity as is effected by manual / corporeal violence of which there is none here:
means [using] violence, whereas he is
or else it has been deemed said of it and (and it will all do equally well) that it tends <add>is such a thing as to the breach
of the Peace — It tends to produce as does every other injury <add>that has a determinate object violence; less so more perhaps than a multitude many which might be
named; less so than many some others: less for instance than adultery with a married woman
less than this same scandal spoken face to face with the suddenness of the Provocation the opportunity of
reflection, & whereas the provocation is influenced by the presence of the provoker:
less than the debauchery of a child or suitor: less one should almost been warranted
to say than the taking of a Hare or a Partridge, those peaceable & persecuted, that [which
are] the cause causes of variance to so many.
Whereas the latter where it is any thing
is nothing but men's notions of Utility,
the other but either that a part of the Law
of the state which concerns numbers of another
or else a mere usage or a compact which different from a real Law
in that it has no regulated nor appointed
sanction.
PREROGATIVE
A Title which affords presents no other reason for an offence's being classed under it & punished
as it is, than its affecting giving a King concern to the Sovereign the King; which is often not true in fact & would be no
reason if it were: according to which, if a man is not to in Courts of Justice,
it is because it would give the King displeasure; tho' many are stricken may be <add> would man might be ever so many in Courts of
Justice stricter without his knowing any thing of the matter; & though if [he were to know of it
and] knowing & approvation <add>he were to approve of it, there would be but so much the more reason for punishing it it's being punished+.
And there offences are the under put in contradistinction to those others which alone it seems are
against the Commonwealth; part of which are those which are against Justice.
And those offences, rather than being against Justice, are Offences against the King's
Courts; whereby is denoted as well those in which he lives, as those into in which he
must never enter.
+ When Charles the second or his
Brother or both were known or thoroughly believed by the two Houses to wreak
their vengeance on St Thos Country
by the outrage made penal by the
Act which passes under his name
that knowledge or that belief did not much dispose the Honor to privilege it with simplicity: it would not the more in a Court of Justice had it been perfected
[BR][2][]
CLASSIFICAT. False Blackstone.
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Identifier: | JB/063/085/002 "JB/" can not be assigned to a declared number type with value 63.
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063 |
law in general |
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085 |
classification false - bl. comms |
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002 |
- peace / - prerogative |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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