JB/141/137/002

Click Here To Edit

Punishment in alienam personam

Ins:n Collective Punishts men for the misbehaviour of a part of it. I will
mention take notice them in their order.

The first I shall mention is the case of the city
+ 7th Sept.r of Edingburgh which happen'd in 1737.1736.+ A
very numerous mob rose up in arms, seized the
City Guard, possessed themselves of the City Gates,
and in defiance of thecommitted an inorder Incenspublic Regents) authorities, put to
death a Captain Porteous who had been lay under
sentence of death but had been reprieved. This outrage
occasioned an Act of Parliament to be
*10 G.2.c.34 made* by which the 10 G. 2. c. 34 By this Act a particular
punishment is inflicted upon the Lord Provost
of the Town for the particular neglect that is therehe is there
in not taking any
measures to prevent the
riot, though he knew
of it's being intended. charged with: but besides this, a fine is laid on
the Corporation.

Of these punishments that on the The of the for supplying Provost, we may
observe was punishment in propriam personam.
The fine on the corporation was a collective punishment,
falling on as many persons whoas might
find themselves in any shape prejudiced by such
fine. How the groundreason for motive of applying this latter punishment
was not the inabsolute absolute impracticability
of applying any proper punishment of
the proper kind at all. The Provost as we see
was punished for the negative offence of his neglect.
glect And it appears is in from another Act which
immediately follows that in question that a number
of persons were actually fugittives fugitives for the principal

---page break---

Identifier: | JB/141/137/002 "JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering	not numbered
Box	141	Main Headings	rationale of punishment
Folio number	137	Info in main headings field	punishment in alienam personam
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f34 / f35
Penner	jeremy bentham	Watermarks	[[watermarks::propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	48354
Box Contents