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<head>30 Aug 1804</head> | |||
<head>1</head> | |||
<p>Maintenance is an <lb/> officious intermedling<lb/> in a suit that<lb/> no ways belongs to one,<lb/> by maintaining or<lb/> assisting<lb/> either party<lb/> with money or otherwise,<lb/> to prosecute or<lb/> defend if: a practice<lb/> that was greatly encouraged<lb/> by the first<lb/> introduction of cases</p> | |||
<p>This is an offence ag<hi rend="superscript">t</hi><lb/> public justice, as it keeps<lb/> alive strife & contention<lb/> of perverts the remedial<lb/> process of the law into<lb/> an engine of oppression</p> | |||
<head>2</head> | |||
<p>The law takes no notice<lb/> of any perjury but<lb/> such as is committed<lb/> in some court of justice,<lb/> have<lb/> power to administer<lb/> an oath; or before some<lb/> magistrate or proper<lb/> officer, invested with<lb/> a similar authority<lb/> in some proceedings<lb/> relative to a civil suit<lb/> or a criminal prosecu<hi rend="superscript">tn</hi>:<lb/> for it esteems all other <lb/> oaths unnecessary at<lb/> least, & therefore will<lb/> not punish the breach<lb/> of them.</p> | |||
<p>All <gap/> in a <lb/> church or church-yard<lb/> are esteemed very heinous<lb/> offences, as being in<lb/> dignities to him to<lb/> whose service those places<lb/> are consecrated.</p> | |||
<p>It is immaterial<lb/> with respect to the <sic>expence</sic> <lb/> of a libel, whither<lb/> the matter of it be<lb/> true of false; since the <lb/> provocation & not the<lb/> falsity is the thing to be <lb/>punished criminally.</p> | |||
<pb/> | |||
<head>3</head> | |||
<p>If an officer beheads<lb/> one who is adjudged<lb/> to be hanged, or <hi rend="underline"><foreign>vice <lb/> versa</foreign></hi> it is murder.</p> | |||
<head>6</head> | |||
<p>Such homicide as is<lb/> committed for the <hi rend="underline">prevention</hi><lb/> of any forcible<lb/> & atrocious <hi rend="underline">crime</hi>, is <lb/> justifiable by the law<lb/> of nature.</p> | |||
<head>7</head> | |||
<p>The benignity of the <lb/> law hath construed<lb/> the statute [Jac.1.c.8] so<lb/> favourable in behalf<lb/> of the subject, & so<lb/> strictly when ag<hi rend="superscript">t</hi> him<lb/> that the offence of <lb/> stabbing stands almost<lb/> upon the same footing,<lb/> as it did at the common<lb/> law. Thus... in the<lb/> construction of the statute<lb/> it hath been doubted<lb/> whether, if the deceased<lb/> had struck at all before<lb/> the mortal blow given,<lb/> this takes it out of the <lb/> statute, tho' in the preceding<lb/> quarrel in the stabber<lb/> had given the first<lb/> blow; & if it seems to be <lb/> the better opinion, that<lb/> this is not within the<lb/> statute. Also it hath<lb/> been rendered, that the<lb/> killing a man by throwing<lb/> a hammer or other<lb/> weapon is not within<lb/> the statute; & whether<lb/> a shot with a pistol<lb/> be so or not is doubted.</p> | |||
<p>But if the party slain<lb/> had a cudgel in his<lb/> hand, or had thrown<lb/> a pot or a bottle, or<lb/> discharged a pistol<lb/> at the party stabbing, <lb/> this is sufficient <lb/> having a weapon drawn<lb/> on this side within<lb/> the words of the statute.</p> | |||
<pb/> | |||
<head>8</head> | |||
<p>To kill a child in<lb/> it's mother's womb, is<lb/> now no murder, but <lb/> a great suspicion:<lb/> but if the child be<lb/> born alive, & death by<lb/> reason of the potion or<lb/> <gap/> it receives in<lb/> the womb, it is murder<lb/> in such as administered<lb/> or gave them.</p> | |||
<head>9</head> | |||
<p>In many cases when<lb/> no malice is expressed,<lb/> the law will imply it.</p> | |||
<head>10</head> | |||
<p>Mayhem... is... looked<lb/> upon in a criminal<lb/> light by the law; being<lb/> an atrocious breach of<lb/> the King's peace, & an <lb/> offence tending to deprive<lb/> him of the aid<lb/> & assistance of his<lb/> subjects.</p> | |||
<head>11</head> | |||
<p>But the cutting off<lb/> his [a man's] ear, or nose,<lb/> or the like, are not<lb/> held to be mayhems at<lb/> common law; because<lb/> they do not weaken<lb/> by only disfigure<lb/> him.</p> | |||
<head>12</head> | |||
<p>Burglary... has always<lb/> been looked upon<lb/> as a very heinous<lb/> offence: not only because<lb/> of the abundant terror<lb/> that it naturally carries<lb/> with it, but also<lb/> as it is a forcible disturbance<lb/> & invasion of<lb/> that night of habitation,<lb/> which ever individual <lb/> might acquire even in<lb/> a state of nature; <lb/> an invasion which in<lb/> such a state would<lb/> be sure to be punished<lb/> with the death unless the<lb/> assailant were the <lb/> stronger.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
30 Aug 1804
1
Maintenance is an
officious intermedling
in a suit that
no ways belongs to one,
by maintaining or
assisting
either party
with money or otherwise,
to prosecute or
defend if: a practice
that was greatly encouraged
by the first
introduction of cases
This is an offence agt
public justice, as it keeps
alive strife & contention
of perverts the remedial
process of the law into
an engine of oppression
2
The law takes no notice
of any perjury but
such as is committed
in some court of justice,
have
power to administer
an oath; or before some
magistrate or proper
officer, invested with
a similar authority
in some proceedings
relative to a civil suit
or a criminal prosecutn:
for it esteems all other
oaths unnecessary at
least, & therefore will
not punish the breach
of them.
All in a
church or church-yard
are esteemed very heinous
offences, as being in
dignities to him to
whose service those places
are consecrated.
It is immaterial
with respect to the expence
of a libel, whither
the matter of it be
true of false; since the
provocation & not the
falsity is the thing to be
punished criminally.
---page break---
3
If an officer beheads
one who is adjudged
to be hanged, or vice
versa it is murder.
6
Such homicide as is
committed for the prevention
of any forcible
& atrocious crime, is
justifiable by the law
of nature.
7
The benignity of the
law hath construed
the statute [Jac.1.c.8] so
favourable in behalf
of the subject, & so
strictly when agt him
that the offence of
stabbing stands almost
upon the same footing,
as it did at the common
law. Thus... in the
construction of the statute
it hath been doubted
whether, if the deceased
had struck at all before
the mortal blow given,
this takes it out of the
statute, tho' in the preceding
quarrel in the stabber
had given the first
blow; & if it seems to be
the better opinion, that
this is not within the
statute. Also it hath
been rendered, that the
killing a man by throwing
a hammer or other
weapon is not within
the statute; & whether
a shot with a pistol
be so or not is doubted.
But if the party slain
had a cudgel in his
hand, or had thrown
a pot or a bottle, or
discharged a pistol
at the party stabbing,
this is sufficient
having a weapon drawn
on this side within
the words of the statute.
---page break---
8
To kill a child in
it's mother's womb, is
now no murder, but
a great suspicion:
but if the child be
born alive, & death by
reason of the potion or
it receives in
the womb, it is murder
in such as administered
or gave them.
9
In many cases when
no malice is expressed,
the law will imply it.
10
Mayhem... is... looked
upon in a criminal
light by the law; being
an atrocious breach of
the King's peace, & an
offence tending to deprive
him of the aid
& assistance of his
subjects.
11
But the cutting off
his [a man's] ear, or nose,
or the like, are not
held to be mayhems at
common law; because
they do not weaken
by only disfigure
him.
12
Burglary... has always
been looked upon
as a very heinous
offence: not only because
of the abundant terror
that it naturally carries
with it, but also
as it is a forcible disturbance
& invasion of
that night of habitation,
which ever individual
might acquire even in
a state of nature;
an invasion which in
such a state would
be sure to be punished
with the death unless the
assailant were the
stronger.
|
Identifier: | JB/097/151/001"JB/" can not be assigned to a declared number type with value 97. |
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1804-08-30 |
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097 |
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151 |
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|
001 |
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collectanea |
1 |
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|
recto |
d20 |
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31535 |
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