JB/116/369/001

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29 Jan 1803

(1

3. Transportation in breach of the Petition of Right:
3.C.I.c.1.

In this Statute, among the petitions contained in
§.10, after the recital that "Commissions" had then of late
been "issued forth for proceeding by martial law", is this — that
"hereafter no commissions of like nature may issue forth
"to any person or persons whatsoever, to be executed as
"aforesaid, lest by of them any of your Majesty's
"subjects be destroyed, or put to death contrary to the
"laws and franchise of the land."

After this comes the concluding section (§.11( which is
as follows in these words

"All which they most humbly pray of your Most Excellent
"Majesty as their Rights & Liberties, according to the Laws & Statutes
"of this Realm; and that your Majesty would tho vouch
"safe to declare, that the Awards, Doings & Proceedings, to the
"Prejudice of your People in any of the Promises shall not
"be drawn hereafter into Consequence or Example; And
"And that your Majesty would be also graciously pleased,
" for the further Comfort & Safety of your People, to declare
"your Royal will & Pleasure , that in the Things aforesaid all your
"Officers & Ministers shall serve you according to the Laws & Statutes of
"this Realm; as they tender the honour of your Majesty, & the Prosperity
"of this Kingdom. Qua quidem Petitione et plenius intellectua per dictim
"Dominum Regentalitas est responseum in plen. Paliamento, viz. Soit droit
"fait est Desire

Note after the Note to p.3
In a passage in the 3rd Institute, written without mention of
the Petition of Right, and therefore it may be presumed before
the passing of it, Lord Coke "If a Lieutenant" (says Lord
Coke +) "or that hath commission of martial authority
"in time of hang or otherwise execute any many by
"colour of martial law, this is Murder; for this is against
"Magna Charta, cap. 39: ... and here the law
"malice". The law and Lord Coke may imply malice
as they please: in a case such as that before us, God
forbid I should be malitious enough to imply it

+ 3 Instit. 52. title
Murder

Identifier: | JB/116/369/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1803-01-29	Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	369	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham; john herbert koe	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	37902
Box Contents