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6) Personal Injuries Inserenda.

Errors. Strictures Mayhem one would think that in Lord Coke's time days it was the fashion
for men like dogs to fight with their teeth. This was improving Cocks kept a bridge
upon the story of Cocks, in a manner one should with his teeth; or at least tried to keep it. Lord Coke seems
hardly of have imagined. to have thought every man a Cocks.
v. opposite page 1 Just. 127. The same Lord Coke finds the same reason for maim
punishing a man who maims himself, as for punishing
a man who maims another. The members
of every subject he observes are under the protection
of the Law. There seems to have been somthing of an for which reason [by way of doing things astutia that flatter'd Lord Coke's imagination is compleatly] [The astutia of a conceit like this was too flattering to be resisted by the imagination of that great Lawyer.] he is for protect giving a man protection against himself.
It might perhaps have been the astutia of the action of protecting a man against himself Astutia is a fine thing: but plain reason is a better..

The case which Lord Coke mentions as that in
which a man ought to be punished as for a mayming
himself is [when he does it is [ that he may
have the more colour to beg.] that of a beggar who
does it to help himself in that trade. vocation. The punishment
which Ld Coke chooses in preference to all others
for such an offender, is pecuniary. fine. He was not aware The maxim at that time Nemo
it should seem aware of a very just maxim Nemo dat quod non habet, would seems to suggest a different
"dat quod non habet. mode of punishment

Lord Coke Of this offence of Mayhem Ld Coke [further]
observes that it is the greatest offence under Felony. 1 Just. 127. a
In another place The same Lord Coke is for having the court of Appeal
and Indictment say of the offender, "quod felonice
"mayhemiavit". .113 Just. 63, 118. The case is either that Hence we What his Lordship's meanting is gen we should understand from all this,
may collect one of two things. Either is not altogether clear: whether it was that the offence is
an act not felonious done feloniously: or that in speaking
of it on those solemn occasions like these [according to Law] the proper and accurate way is to say
that it is felonious act a felony although it is no such thing.

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Identifier: | JB/072/130/002
"JB/" can not be assigned to a declared number type with value 72.


Marginal Summary Numbering

not numbered



Main Headings

penal code

Folio number


Info in main headings field

personal injuries





text sheet

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Page Numbering

e5 / e6 / e7 / e8


jeremy bentham


[[watermarks::[gr with crown motif] pro patria [with motif]]]


jeremy bentham

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