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OFFENDERS Principal & Accessory. Access.s after: [BR][3]
Offenders Principal & Accessory ACCESSARY after:v. note on Comm. 38.
This refinement in Jurisprudence which tallies so ill with the gross conceptions in other respects on other topics of
the age in which we observe it to have arisen had its birth, bears evident marks of being smells strongly of the terms which gave it life
the offspring of those times men of no mean rank & consideration confederated together in Bands to pilfer & , when in England, as in Greece at an early period is
a Gentleman could/might be asked whether he was not a Robber without offence was no disgrace [to a gentleman] to be thought a Robber. + + Thucyd. Homer
However paradoxical it may seem, an accessory After was then in truth an accessory
before the fact
under an engagement tacit or express habitual or pro re nota for material
succour & confederacy. It was peace in the little secrets amongst themselves, &
every man knew before hand where he might fly for succour
It is true that an integrity might be conceived at once so heroical & so enlightened, as
by one bold effort to sacrifice every principle & affection to the publicn gamble.
But experience & the most intimate knowledge scrutiny into human nature assure us, that such
extraordinary exertions are not to be purchased by the community of an individual but by at the expense of the warmest & most
universal practice: a price which never will be paid till all men are equally illuminated by this
most sublime philosophy; nor even those, while as here, the same conduct is equally producible many
different motives, the one arduous & uncommon, which entitle to the tribute: the other will be easy & familiar which exempt
Their Virtue will ever appease itself to the Law, and every man is will be virtuous when it owes
him nothing
As the principle of honor is in these in whom it is strong commonly
regarded as a first principle the cases in which it it's decisions from & is
controllable by the principle of general utility being few disposed &
& not taken into co nomine in to the gross calculations of popular morality
& as it is its — — — — merit/glory & it's nature to be stubborn and invariable inflexible, it will not
[itself] yield on under the sudden force of a principle which all on a
sudden is presented as contrary & superior presents itself with an air of superiority & contradiction/controul
As all that can be every thing compassed by this regulation that can be compassed
all may be compassed by milder & surer means, it appears to lie upon the
fullest consideration Not worth while I can give it not worth while to violate the
simplicity of the Law, furnish examples for of its & lay a snare for the integrity of Jurors
for the sake of establishing a punishment which will fall either upon
none 2 or upon the virtuous1.
on quite a different footing with
even a bare concealment before the fact
because there the friend may dissuade
& expostulate & if unsuccessful, with
honor be no longer a friend.
on quite a different footing too with
the case of receivers, at first view
so similar: because in past truth,
they are general accessories before
the fact, an expected
interest from danger & vent for established
the plunder: & acting from mercenary
views, motives may be influenced
by terror to betray.
a weak degree of terror
will not overcome honor
a strong will find no body to
be the instrument of it. nobody
will prosecute — & that people
consider when they relieve.
Rewards given to
accomplices answer
the purpose better:
& are in fact the only motive
which are found to
have any operation.
Besides it must be very difficult to prove that
the relief was given — knowing of
the crime — & Juries would lean
against the proof.
The relief itself will lead
to punishment — for
it leads to escape, which
being to be continued
is banishment.
Thus so many inescapable causes contribute
to its inexecution, I am persuaded
in my own mind, it is
not worth while for the Law to be
loaded with it — I am persu would not
wish to impose these reasons on the
reader for demonstration: but which
ever of the question term is true will
not admitt of demonstration — I rest it upon these arguments: the reader is to consult his own judgement for the decision
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jeremy bentham |
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