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The last link in this chain of errors, is a decision of a very worthy Magistrate passed originally ordered originally in the hurry of an Assize
+ too much precipitated — —— —
but confirmed by the suffrages of his cooler moments hours — ||
|| 2 J. Fosters Discourses
on the Crown Law p.261
I will give his own account of
it — "A Man at the diversion of Cock-throwing at Shrovetide, (which hath long
prevailed), missed his Aim; and a Child looking on received a Blow from the Staff
which he soon died. I once in the Circuit ruled it Manslaughter. It is a barbarous
[A facetious friend by with whom I was once
conversing about the discourse observed that
— — — — — —
This was like drowning a dog
to kill his Fleas.]
unmanly custom, frequently productive of great disorders, dangerous to the
by-standers, & ought to be discouraged." — It ought indeed to be discouraged but
he was much it is to be feared he was mistaken when he fancied supposed, that what was he was doing would could discourage
it or that he ought so to discourage it if he could it would. Either there was Law against
it or there was not — If there was Law, that Law presented a course its own specified course
be followed for that purpose. If there was none, it was for others & not for him to make
one — Meanwhile/After all too It is easy to see his decision could contribute or a way to see, his decision could contribute/ not be of any effect to the purpose for which
designed it; In the first place, It would not be known — [+]
[+] It could not be known because
(I observe in this place
as I might find occasion to observe
in a thousand others) the practice of Jurisprudence affords there is no
means of causing it to be so
and being a regulation merely
it could never be
guessed at I would stake every thing upon the Issue as indeed he does That an unfor whether on the last Shrove Tuesday
or on any other Shrove Tuesday since the passing pronouncing of it, of all the Inhabitants
of England who might have had formed the design of engaging in this inhumane pastime
there was a single individual detained by the consideration of it repelled/who took it into consideration./ who thought any thing about the matter. The wonder would have been That a m those who [+]
who meanting nothing less than to kill his neighbour [should have fallen into that
] should suffer the same punishment as if he had purposely put him to
death in the heat of a quarrel, is a proposition no ways with the is an Idea that would with difficulty occur to any one who had but
of popular sentiment[s] & which could [have] suggest[ed] itself to no man, who had would never have suggested nor ever will suggest any
sort be not had considerable practise in the art of misreasoning by Rules In the second place it would have It is a punishment that when affixed & in
at least 999 instances out of 1000 attaches can attach in no respect upon the act which also
it is levelled: & which taking place only in case of a rare & accidental incident
not more connected with thatthe energy in question than with a thousand suitably
innocent or laudable energies that might be named, would by reason of its' rarity
not be thought likely to occur, nor consequently influence the conduct of — —— — — never be so strongly in contemplation as to influence man's conduct
though this artificial forbidding consequence were ever so well known. In plain language
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jeremy bentham |
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