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<head> | |||
Punishment <foreign>in | <head>Punishment <foreign>in alienam personam</foreign></head> | ||
<p><note><add> | |||
<p><note><add>Ins:<hi rend="superscript">n</hi></add> Collective Punish<hi rend="superscript">ts</hi></note> men for the misbehaviour of a part of it. I will<lb/> | |||
mention <add><del>take notice</del></add> them in their order.</p> | mention <add><del>take notice</del></add> them in their order.</p> | ||
<p>The first I shall mention is the case of the city<lb/> | <p>The first I shall mention is the case of the city<lb/> | ||
<note><del><hi rend="superscript">+</hi> 7<hi rend="superscript">th</hi> Sept.<hi rend="superscript">r</hi></del></note> of Edin<del>g</del>burgh which happen'd in <del> | <note><del><hi rend="superscript">+</hi> 7<hi rend="superscript">th</hi> Sept.<hi rend="superscript">r</hi></del></note> of Edin<del>g</del>burgh which happen'd in <del>1737</del>.1736.<hi rend="superscript">+</hi> A<lb/> | ||
very numerous mob rose up in arms seized the<lb/> | very numerous mob rose up in arms, seized the<lb/> | ||
City Guard, possessed themselves of the City Gates,<lb/> | City Guard, possessed themselves of the City Gates,<lb/> | ||
and in defiance of the<add><del>committed an inorder</del></add> <del>Incens</del><add>public | and in defiance of the<add><del>committed an inorder</del></add> | ||
<del>Incens</del><add>public <del>Regents</del>)</add> authorities, put to<lb/> | |||
death a Captain <hi rend="underline">Porteous</hi> who <del>had been</del><add><del><gap/></del></add> <add>lay</add> under<lb/> | death a Captain <hi rend="underline">Porteous</hi> who <del>had been</del><add><del><gap/></del></add> <add>lay</add> under<lb/> | ||
sentence of death but had been reprieved. This outrage<lb/> | sentence of death but had been reprieved. This outrage<lb/> | ||
occasioned an Act of Parliament to be<lb/> | occasioned an Act of Parliament to be<lb/> | ||
<note>*10 G.2.c.34</note> made* <del>by which the <gap/></del><add><del> | <note>*10 G.2.c.34</note> made* <del>by which the <gap/></del><add><del>10 G. 2. <gap/> c. 34</del></add> By this Act a particular<lb/> | ||
punishment is inflicted upon the <add>Lord</add> Provost<lb/> | punishment is inflicted upon the <add>Lord</add> Provost<lb/> | ||
of the Town for the particular neglect <del>that is there</del><add>he is there</add><lb/> | of the Town for the particular neglect <del>that is there</del><add>he is there</add><lb/> | ||
<note><del>in not taking any measures to prevent | <note><del>in not taking any<lb/> measures to prevent the<lb/> riot, though he knew<lb/> of <sic>it's</sic> being intended.</del></note> charged with: but besides this, a fine is laid on<lb/> | ||
the Corporation.</p> | the Corporation.</p> | ||
<p>Of these punishments that on the | |||
<add><del>The <gap/> <gap/> <gap/> of <gap/> the <gap/> for supplying</del></add> Provost, we may<lb/> | |||
observe was <del>punishment</del> <hi rend="underline"><foreign>in propriam personam</foreign></hi>.<lb/> | |||
The fine on the corporation was a collective punishment,<lb/> | |||
falling on as many persons <del>who</del><add>as</add> might<lb/> | |||
find themselves in any shape prejudiced by such<lb/> | |||
fine. How the ground<add><del>reason for motive</del></add> of applying this latter punishment<lb/> | |||
was not the <del>inabsolute</del> absolute<add><del><gap/></del></add> impracticability<lb/> | |||
of applying any <del>proper</del> punishment of<lb/> | |||
the proper kind at all. The Provost <del>as</del> we see<lb/> | |||
was punished for the negative offence of <del><gap/></del><add>his</add> neglect.<lb/> | |||
<del>glect</del> And it appears <add><del>is <gap/> in</del></add> from another Act which<lb/> | |||
immediately follows that in question that a number<lb/> | |||
of persons were actually <del>fugittives | |||
</del><add>fugitives</add> for the <add>principal</add></p><pb/> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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
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Identifier: | JB/141/137/002"JB/" can not be assigned to a declared number type with value 141. |
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not numbered |
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141 |
rationale of punishment |
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137 |
punishment in alienam personam |
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002 |
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text sheet |
2 |
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recto |
f34 / f35 |
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jeremy bentham |
[[watermarks::propatria [britannia motif]]] |
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48354 |
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