★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
(5 intermediate revisions by 2 users not shown) | |||
Line 9: | Line 9: | ||
<p>The Spaniard it is thought, will commonly put<lb/> | <p>The Spaniard it is thought, will commonly put<lb/> | ||
<del> | <del>to</del> them to death.</p> | ||
<p>What is the inference? that in England the<lb/> | <p>What is the inference? that in England the<lb/> | ||
Line 19: | Line 19: | ||
in Spain, not.</p> | in Spain, not.</p> | ||
<p><del>It was formerly</del> <add>In case of a wound that <sic>threaten'd</sic> to be mortal</add> The usage <del><gap/> was formerly</del><lb/> | <p><note>PROCEDURE Inquest <foreign><hi rend='underline'>ante</hi> mortem</foreign>.</note> <del>It was formerly</del> <add>In case of a wound that <sic>threaten'd</sic> to be mortal</add> The usage <del><gap/> was formerly</del><lb/> | ||
[observes Mr Barrington], for the Coroner <del>to</del><lb/> | [observes Mr Barrington], for the Coroner <del>to</del><lb/> | ||
with his Jury to visit the party while yet alive:<lb/> | with his Jury to visit the party while yet alive:<lb/> | ||
and in Wales it was expressly made a<lb/> | and in Wales it was expressly made a<lb/> | ||
part of that Officer's duty by the <foreign>Statutum</foreign><lb/> | part of that Officer's duty by the <foreign>Statutum</foreign><lb/> | ||
< | <foreign>Wallie</foreign> — This <add>usage</add> M<hi rend='superscript'>r</hi> Barrington wishes<lb/> | ||
to see revived; & for a very good reason.<lb/> | to see revived; & for a very good reason.<lb/> | ||
It would be useful, he observes, as a means of authenticating</p> | It would be useful, he observes, as a means of authenticating</p> | ||
Line 31: | Line 31: | ||
<p>the evidence of the dying words. <hi rend='superscript'>+</hi> <note>+ v Barringto. Obs. cog [cr 209]</note></p> | <p>the evidence of the dying words. <hi rend='superscript'>+</hi> <note>+ v Barringto. Obs. cog [cr 209]</note></p> | ||
<pb/> | |||
<p>In case of Killing one when another is intended<lb/> | |||
the questions of exemption (viz: concerning provocation)<lb/> | |||
must apply to that other.</p> | |||
<p>Qu? What guilt & what punishment where a<lb/> | |||
man kills in self-defence a man whom<lb/> | |||
he first of all assaulted, but slightly.</p> | |||
<p>Men are in many cases punished as Murderers<lb/> | |||
only because there is in a manner no punishment<lb/> | |||
at all for Manslaughter.</p> | |||
<pb/> | |||
<p><note>Offence Access.<hi rend='superscript'>y</hi> Poison</note> Offence Accessory to Homicide when<lb/> | <p><note>Offence Access.<hi rend='superscript'>y</hi> Poison</note> Offence Accessory to Homicide when<lb/> | ||
Line 41: | Line 57: | ||
with <del>food</del> <add>meat</add> in it, or set to boil for <del>food.</del> <add>meat.</add><lb/> | with <del>food</del> <add>meat</add> in it, or set to boil for <del>food.</del> <add>meat.</add><lb/> | ||
Or were to be mixed up <del><gap/></del> in a loaf &<lb/> | Or were to be mixed up <del><gap/></del> in a loaf &<lb/> | ||
the loaf laid in the Street or set in the pantry. | the loaf laid in the Street or set in the pantry.<lb/> | ||
<del>with Mr</del></p> | <del>with Mr</del></p> | ||
<p><note>Petty Treason</note> And this is ornamented with <sic>it's</sic> embroidery of modifications<lb/> | |||
exceptions & distinctions, with which the<lb/> | |||
Mass of the people is just as much acquainted as<lb/> | |||
with the Koran: spun out of a heap of Statutes<lb/> | |||
jumbled with the Fragments [remnants] of Common<lb/> | |||
Law, to the unravelment of which a man would as<lb/> | |||
soon be conducted by following any thread of <unclear>reasoning</unclear><lb/> | |||
<pb/> | |||
as he would produce that arrangement of <sic>sentince</sic><lb/> | |||
which express them by shaking in a bag of letters<lb/> | |||
of the Alphabet they might furnish matter for an<lb/> | |||
argument of some hours, in which the interests of<lb/> | |||
mankind would be as much consulted & concerned,<lb/> | |||
as are those of the Patient in the Farce <add>Play</add> by the Political<lb/> | |||
Chit-chat of his Physicians.</p> | |||
<p>I would engage to fill 20 or 30 pages with what<lb/> | |||
is called learning upon this subject, & which nobody<lb/> | |||
knows any thing of but those of the Profession<lb/> | |||
with analogies & restrictions & divisions & conclusions<lb/> | |||
which I could introduce were they (as they are not)<lb/> | |||
of any other use than to <sic>incumber</sic> & perplex the<lb/> | |||
Law.</p> | |||
<head>HOMICIDE [BR][13]</head> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
---page break---
character will either beat them, will confine
his wife, will challenge the Adulterer, or
seek his remedy at Law —
The Spaniard it is thought, will commonly put
to them to death.
What is the inference? that in England the
Husband should be punished for thus avenging
himself, (+ provided if the mischief of his punishment is thought less
than the difference between that of the punishment
which he has inflicted on the Adulterers
& that the Law would have thinks proper to be inflicted on them,)
in Spain, not.
PROCEDURE Inquest ante mortem. It was formerly In case of a wound that threaten'd to be mortal The usage was formerly
[observes Mr Barrington], for the Coroner to
with his Jury to visit the party while yet alive:
and in Wales it was expressly made a
part of that Officer's duty by the Statutum
Wallie — This usage Mr Barrington wishes
to see revived; & for a very good reason.
It would be useful, he observes, as a means of authenticating
---page break---
the evidence of the dying words. + + v Barringto. Obs. cog [cr 209]
---page break---
In case of Killing one when another is intended
the questions of exemption (viz: concerning provocation)
must apply to that other.
Qu? What guilt & what punishment where a
man kills in self-defence a man whom
he first of all assaulted, but slightly.
Men are in many cases punished as Murderers
only because there is in a manner no punishment
at all for Manslaughter.
---page break---
Offence Access.y Poison Offence Accessory to Homicide when
Poison is the Instrument
mixing poison knowing to be such with food usually eaten
by man, laying it in a place easily accessible
to man, and circumstances that indicate
the design of it's being eaten by man.
As if Arsenic were to be cast into a Pot
with food meat in it, or set to boil for food. meat.
Or were to be mixed up in a loaf &
the loaf laid in the Street or set in the pantry.
with Mr
Petty Treason And this is ornamented with it's embroidery of modifications
exceptions & distinctions, with which the
Mass of the people is just as much acquainted as
with the Koran: spun out of a heap of Statutes
jumbled with the Fragments [remnants] of Common
Law, to the unravelment of which a man would as
soon be conducted by following any thread of reasoning
---page break---
as he would produce that arrangement of sentince
which express them by shaking in a bag of letters
of the Alphabet they might furnish matter for an
argument of some hours, in which the interests of
mankind would be as much consulted & concerned,
as are those of the Patient in the Farce Play by the Political
Chit-chat of his Physicians.
I would engage to fill 20 or 30 pages with what
is called learning upon this subject, & which nobody
knows any thing of but those of the Profession
with analogies & restrictions & divisions & conclusions
which I could introduce were they (as they are not)
of any other use than to incumber & perplex the
Law.
HOMICIDE [BR][13]
Identifier: | JB/096/213/002"JB/" can not be assigned to a declared number type with value 96. |
|||
---|---|---|---|
not numbered |
|||
096 |
legislation |
||
213 |
homicide |
||
002 |
|||
text sheet |
2 |
||
recto |
c13 / |
||
jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
||
31217 |
|||