JB/096/193/001

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There is no more reason why a Peer should be entitled
by Law to purchase the chastity of his neighbour's
wife, than a Peasant should of his.

In other Crimes the injured party may be a
witness; because they are prosecutedable by Indictment —
In Adultery he cannot —
Yet Adultery is precisely that crime of all
others, in which such testimony might be admitted
with least danger: because if a man
were minded to wreak his resentment on an
enemy by a false accusation, a crime and an accusation which
could not publish the other's guilt but it must
publish his own shame, would be precisely
the last that he would chuse.

It is only Jerry Sneak in the Play, that
A man knows very well that by exposing
the offending parties he exposes himself:
It is only Jerry Sneak in the Play that could
triumph in such a discovery.

For a man to be punished for it, it should appear
not only that the Woman was a married

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Woman, but that he had reason to think so. + + The onus probandi to be upon the Prosecutors
It should also not appear, but that the Husband
sets a certain value on the affections
of his wife: the less value he sets, the less
ought he to receive, and even the Adultrous
to pay — The onus probandi to be upon
the Defendant.

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For the measure of Damages for the offence
x circumstances are to be taken into
the account. The measure will not be just
if any one of them be neglected —

The measure of Damages respects two
ends. Punishment Privation & Compensation —
Of these 2 ends — the 1st is that which is
most important - because the scope of of it stops is to stop
the mischief of many crimes: vici of many
instances of the obnoxious act. The 2d cures
the mischief only of one.

Now as to the end of Prevention, what the
offender suffers must be sufficient to deter
others from the crime who shall be conditioned
as he is — His circumstances condition therefore must
be one measure of the quantum of the Penalty
He must not be left gainer by the offence

Where the circumstances of the Adulterer, exceed
greatly those of the Husband, the whole
of what the Adulterer pays ought not to go
to the Husband: It would be an encouragement
to Husbands to lay traps.

The measure of For Damages in Adultery, it has
been said, is but one: it is what the Husband
ought to receive —
Whether this be may be altogether just or no, depends
This may be altogether just, or altogether
otherwise: which it is depends upon the end of
the persecution

Is this right? Yes and No. Yes No, Yes if
the damages payment of these is not all that he the Adulterer can suffer if
compensation be the only end of the prosecution
in question — which damages are given — if the other end
Prevention, viz: or much more
as together with the may be
sufficient for prevention cannot be
by another prosecution

Yes If the prosecution in which the Damages are
given have no other end than compensation compensation be that only end
if there be for the same offence another prosecution be allowable in
which the other end prevention (vici as much
more punishment as together with that which
was turned into compensation may be sufficient
for prevention) may be compassed.

No — If the payment of those Damages is all
that the Adulterer can [be made to] suffer — If
both ends after at once be the objects of the prosecution
in which damages are given — If after one

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end has been compassed by this, the other end
cannot be compassed by another.

It could be thought odd, to allow Husbands to
sell their wives: but But the Law itself sells them from their Husbands if no punishment can
be inflicted after, damages paid in an action
the Law and what if the sole measure of these
damages is what the Husband ought to receive
The sole measure of what the Husband ought
to receive is what those who are, to judge,
can see — Now what they can see, is the
rank & fortune of extensive circumstances of the Husband.
What they can not see, is the degree of his
affection for his wife — his sensibility to such
an usurpation of his rights.

ADULTERY.

Identifier: | JB/096/193/001 "JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	legislation
Folio number	193	Info in main headings field	adultery
Image	001	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31197
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