★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Sept<hi rend='underline'>r</hi> 3 1804 .
By the marine law
.... the benefit of clergy
is not allowed in
any case whatsoever.
And therefore when
offences are committed
within the admiralty
jurisdiction, which wod
be clergyable if committed
by land, the constant
course is to acquit and
discharge the prisoner. IV 366
When sentence of
death .... is pronounced,
the immediate inseparable
consequence by
common law is attainder
.... the criminal
.... is no longer of
any credit or reputat;n
he cannot be a witness
in any court; neither
is he capable of performing
the functions
of another man: for
by anticipation of his
punishment he is
already dead in law.
..... After conviction
only , a man is liable
to none of these disabilities:
for there is
still in contemplation
of law a possibility of
his innocence. Something
may be offered in arrest
of judgment: the indictment
may be erroneous
&c. IV 373, 374.
Forthcomingness The forfeiture of lands
has relation to the time
of the fact committed,
so as to avoid all subsequent
sales & incumbrances:
but the forfeiture of goods and
chattels has no relation
backwards: so that those
only which a man has at
the time of conviction shall
be forfeited. IV 380
---page break---
If a man purchases
land of another, & afterwards
the vender is
either by outlawry or
his own confession, convicted
or attainted of
treason or felony previous
to the sale or alienation;
whereby such land becomes
liable to forfeiture
or escheat: now, upon
trial. the purchaser is
at liberty, without bringing
any writ of error,
to falsify not only the
time of the felony or
treason supposed, but the
very point of the felony
or treason itself; & is not
concluded by the confession
or the outlawry of
the vendor, tho' the vendor
himself is concluded,
& not suffered now to
deny the fiat, which he
has by confession or
flight acknowledged.
But if such attainder
of the vendor was by
verdict, on the oath of
his peers, the alience
cannot be received to
falsify or contradict
the fact of the crime
committed; tho' he is
at liberty to prove a
mistake in time, or that
the offence was committed
after the alienation, &
not before — IV 384
A judgmt may be
reversed for by writ of error,
.... for not properly
naming the sheriff or
other officer of the court,
or not duly describing
where his county court
was held; for laying
an offence, committed
in the time of the late
king, to be done against
the peace of the present. IV 384 , 385.
---page break---
A pardon of all felonies
will not parden a conviction
or attainder of
felony; (for it is presumed
the king knew not of
those proceedings) but
the conviction or attainder
must be particularly
mentioned. IV 383
Nothing can restore
or purify the blood
whence once corrupted,
if the pardon be not
allowed till after the
attainder, but the high
& transcendent power of
parliamt . Yet if a
person attainted receives
the king's pardon, &
afterwards hath a son,
that son may be heir
to his father; because the
father, being made a
new man, might transmit
new inheritable
blood; tho' had he been
born before the pardon,
he could never have inherited
at all. IV 295
The sheriff cannot
alter the manner of
the execution by substituting
one death for
another; without being
guilty of felony himself
as has been formerly
said. IV 397.
---page break---
|
Identifier: | JB/097/123/001 "JB/" can not be assigned to a declared number type with value 97.
|
|||
|---|---|---|---|
|
1804-09-03 |
|||
|
097 |
|||
|
123 |
|||
|
001 |
|||
|
collectanea |
1 |
||
|
recto |
d22 |
||
|
1800 |
|||
|
1800 |
|||
|
31507 |
|||