★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| (3 intermediate revisions by 2 users not shown) | |||
| Line 5: | Line 5: | ||
<head>CERTAINTY <add>Procedure regular.</add> - Non-appearance —<!-- mdash on the line, not mid-line --> Contumacy —<!-- mdash on the line, not mid-line --> Traverse — Confession.</head> | <head>CERTAINTY <add>Procedure regular.</add> - Non-appearance —<!-- mdash on the line, not mid-line --> Contumacy —<!-- mdash on the line, not mid-line --> Traverse — Confession.</head> | ||
<p>A man against whom a charge is made , <del>must</del> <add>either</add> | <p>A man against whom a charge is made, <del>must</del> <add>either</add> | ||
<lb/> | <lb/> | ||
answers <add>to</add> it or does not — If he answers <add>to</add> it, | answers <add>to</add> it or does not — If he answers <add>to</add> it, | ||
<lb/> | <lb/> | ||
<del>by , if that which he says has any <gap/></del> <add>his answer to be pertinent , must amount either</add> | <del>by , if that which he says has any <gap/></del> <add>his answer to be pertinent, must amount either</add> | ||
<lb/> | <lb/> | ||
to a confession or a denial | to a confession or a denial | ||
<lb/></p> | <lb/></p> | ||
<p>If he does not , it must be either because being | <p>If he does not, it must be either because being | ||
<lb/> | <lb/> | ||
absent, he cannot, or being present, he will not. | absent, he cannot, or being present, he will not. | ||
| Line 19: | Line 19: | ||
In <del><gap/> the <hi rend='underline'>prescription of</hi> Procedure</del> <add><gap/><!-- harmony, or something similar --> convictions upon <del><gap/></del></add> Statutes | In <del><gap/> the <hi rend='underline'>prescription of</hi> Procedure</del> <add><gap/><!-- harmony, or something similar --> convictions upon <del><gap/></del></add> Statutes | ||
<lb/> | <lb/> | ||
slightly penal , no difficulty has <add>ever</add> been made | slightly penal, no difficulty has <add>ever</add> been made | ||
<lb/> | <lb/> | ||
of considering either of these methods of behaviour | of considering either of these methods of behaviour | ||
| Line 27: | Line 27: | ||
the suspected offences charged — | the suspected offences charged — | ||
<lb/></p> | <lb/></p> | ||
<p>Only out of <add>by Common Law</add> kindness to the offender , for non-appearance , | <p>Only out of <add>by Common Law</add> kindness to the offender, for non-appearance, | ||
<lb/> | <lb/> | ||
the way was to subject him to | the way was to subject him to | ||
| Line 33: | Line 33: | ||
a <add><gap/></add> Punishment which was <add>at least</add> equal <del><unclear>where</unclear></del><!-- or when --> <add>to, & in</add> <del>all</del> | a <add><gap/></add> Punishment which was <add>at least</add> equal <del><unclear>where</unclear></del><!-- or when --> <add>to, & in</add> <del>all</del> | ||
<lb/> | <lb/> | ||
most cases , superior to that which he could incur | most cases, superior to that which he could incur | ||
<lb/> | <lb/> | ||
by conviction , & was the same for one original | by conviction, & was the same for one original | ||
<lb/> | <lb/> | ||
offence as for another, — for continuancy | offence as for another <note>v. 29. <gap/>. 6<!-- symbol --> 5 & 3 &.1. 4.7 — and — <del><unclear>3</unclear> for <unclear>1</unclear><!-- or, 10, or 'to' --> <!-- symbol --> 16, 17</del> Specific convictions in place of Outlawry</note>, — for continuancy | ||
<lb/> | <lb/> | ||
<pb/> | <pb/> | ||
to a Punishment , a thousand times worse | to a Punishment, a thousand times worse | ||
<lb/> | <lb/> | ||
<add>than</add><!-- added in pencil --> the heaviest he could suffer by conviction. | <add>than</add><!-- added in pencil --> the heaviest he could suffer by conviction. | ||
| Line 50: | Line 50: | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
CERTAINTY Procedure regular. - Non-appearance — Contumacy — Traverse — Confession.
A man against whom a charge is made, must either
answers to it or does not — If he answers to it,
by , if that which he says has any his answer to be pertinent, must amount either
to a confession or a denial
If he does not, it must be either because being
absent, he cannot, or being present, he will not.
In the prescription of Procedure convictions upon Statutes
slightly penal, no difficulty has ever been made
of considering either of these methods of behaviour
as tantamount to a confessions of
the suspected offences charged —
Only out of by Common Law kindness to the offender, for non-appearance,
the way was to subject him to
a Punishment which was at least equal where to, & in all
most cases, superior to that which he could incur
by conviction, & was the same for one original
offence as for another v. 29. . 6 5 & 3 &.1. 4.7 — and — 3 for 1 16, 17 Specific convictions in place of Outlawry, — for continuancy
---page break---
to a Punishment, a thousand times worse
than the heaviest he could suffer by conviction.
|
Identifier: | JB/050/035/001"JB/" can not be assigned to a declared number type with value 50. |
|||
|---|---|---|---|
|
050 |
procedure code |
||
|
035 |
certainty procedure regular. non-appearance - contumacy - traverse - confession |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::gr [crown motif]]] |
||
|
16026 |
|||
