JB/063/159/002

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EXEMPTION ACCIDENT NegligenceAccident X Negligence
Accident is where there is no intention
to do the actNegligence is where there is intention
to produce do the Act but none
to produce the effect
Qu. Concerning Ignorance

A provision of some sort of punishment in other cases where besides those where the intentionality
of producing the calamitous incident the propriety of a certain Punishment
[certain] beyond or , is certainly proper & salutary: That men
may understand, that tho' they do not actually propose to themselves as the end of
energy which they exert, the ensuing of the calamitous incident event death of a fellow-creature;, yet they are to
take care (and that the Law may create an Interest in them to take care) not to
employ such Instruments or so much force from the use of which such an event is any ways likely to
ensue; [& that the more such event is likely to come from the the employment of a given
Instrument or a [exertion of] a given of force the more care they make take not to employ
it] — But who shall mark out by general apprehensions the degrees of likely
The judges have been led to undertake it unawares; but with such success, as points
out in a striking affords a striking proof of manner the impracticability of the attempts

Ignorance
Intention to do the act & produce
the effect but either not on the subject
on whom it is eventually produced
killing one an innocent men in the dark
for a thief: or on that subject, but
only upon the a supposition [which is
untrue of his standing in a different
moral predicament] namely one that
would if true have justified [or at least
] the producing of the obnoxious
effect upon him. As killing of a
man whose circumstance identity is established known, thinking
him to have been guilty of of Murder.

"If a Schoolmaster correct his Scholar, or a his Scholar or a master has says Mr Hale from "
"Servant, or a Parent his Child, & by struggling or otherwise, the child or"
"Scholar or Servant die, this is only for "

+ p.473. Vol.1
|| Justice. 28.6.

"But this is to be understood, when it happens only upon moderate correction for||
"if the correction be with an unfit instrument, or too outrageous, then it is "
"[Why must it necessarily be Murder & not never manslaughter!] as it happened in a case at Nerwi"
"assizes 1670 where the Master struck a Child, that was his apprentice, with"
"great staff of which it died, it was ruled (i.e. decided by the opinion of)"
"the Judge of the with the ministerial concurrence of the Jury taking upon him a"
"matter of Law) Murder."

The Rule of Law then to be collected from this notable decision, is that if a Master
strikes a child his apprentice with a great staff by which it dies, it is Murder &
this being a matter of Law as such proper to come before a Court an Assembly of Judges
without a Jury upon a special verdict, the special verdict upon which this
of Law must have been determined if in that form it had the question been submitted to

Identifier: | JB/063/159/002 "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	159	Info in main headings field	exemption accident negligence
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2*
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	20348
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