JB/063/134/002

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EXEMPTIONS. ACCIDENT 9.

agreement without except by the King's command or by his proclamation is unlawful — For If one killed another by
intending to beat him only & not to kill him, this is shall be called felony for the act was originally
So in the other case (the incoherence must be at the door of the reporter) & tautology which I have rather than otherwise If one another killing
by his good will it shall be called said/dit felony, although it were by their common
assent; otherwise it is if it be by the command of the King as in Justings & such
like"

By the hypothetical form of expression maintained throughout it this should seem to be so
the dictates of his private sentiment thrown out for the sake of illustrating some
different point actually before him under actual litigation

The substance of this opinion resolves itself into two propositions particulars: one is, the position
that Justing & other violent contentious exercises by analogy, were illegal; the other the consequence
that an accidental Death/killing happening at them was felonious.

For the origin position we are at no loss for to account — Madox the Histerographer of the
Exchequer in his Baronia Angelica † † the last chapter in the Book has collected a series of Records Writs from
the time of Hen: 3d to that of Edward the 3d inclusive, commanding for requiring them
various reasons some time for one reason some times for another sometimes without any reason alledged to forbear assembling at Justing-matches. Henry harrassed all his
life time by contests with his turbulent Barons, had very good reason for being
jealous of those assemblies, which by the numerousness & quality of the company
from the spirit which gave birth to, & was cherished by the [employment amusement] behoves to
be -come nurseries of faction & cabal. They were probably usedIt is not improbable but that they made to serve as him as a pretence for
a in consequence of a formed already regular project for of insurrection — There was
therefore a very good political reason for those prohibitions which being acquiesced
in & growing into a useage, became part of the common Law, especially at
period which useage was, the chief as yet in many cases the only standard of legality — the maxim therefore
was a natural one, enough that these assemblies were unlawful unless sanctioned by the King
tho' it must be owned it there was a step between holding them unlawful when under the particular Bill
the King prohibited them, circumstances of the King's prohibition & the holding them generally unlawful who unless he commands without his command
them

These reasons are curious — sometime
they are plainly told, that it is proper that
they mayn't do mischief sometimes
as if they were School boys/like that they mayn't be
following their diversions when
their attendance is wanted in
Parliament; that they
are wanted to go & fight against
the Scots

But the consequence seems to have been the original product result of the Judge's own reasoning
argumentation — I shall have secured a little lower down to shew more particularly. that

Identifier: | JB/063/134/002 "JB/" can not be assigned to a declared number type with value 63.
Date_1		Marginal Summary Numbering
Box	063	Main Headings	law in general
Folio number	134	Info in main headings field	exemptions accident
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c9
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20323
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