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<head>15 July 1804</head> | |||
<head>1</head> | |||
<p>By law <del>pars</del> the person <lb/>of the king is sacred, <lb/>even though the measures <lb/>pursued in his reign be <lb/>completely tyrannical & <lb/><sic>abitrary</sic>: for no jurisdiction <lb/>upon earth has <lb/>power to try him in a <lb/>criminal way. I 235</p> | |||
<head>2</head> | |||
<p>For the end of such <lb/>action [an action against <lb/>the king] is not to <hi rend="underline">compel</hi> <lb/>the prince to observe the <lb/>contract, but to <hi rend="underline">pursuade</hi> him. I. 236 </p> | |||
<head>+3</head> | |||
<p><del>The king</del> Maxim in ... <lb/>law ... the king himself <lb/>can do no wrong. I 237.</p> | |||
<head>4</head> | |||
<p>As to such public oppressions <lb/>as tend to dissolve <lb/>the constitution, <lb/>& subvert the fundamentals <lb/>of government, they <lb/> are cases which the law <lb/>will not, out of decency, <lb/>suppose; being incapable <lb/>of distrusting those, whom <lb/>it has invested with <lb/>any part of the supreme <lb/>power. I 237. </p> | |||
<head>5</head> | |||
<p>The supposition of <hi rend="underline">law</hi> <lb/>.... is, that neither the <lb/>king nor either house of <lb/>parliament (collectively <lb/>taken) is capable of doing <lb/>any wrong. I 237 </p> | |||
<head>6</head> | |||
<p>The law ... ascribes <lb/>to the king, in his political <lb/>capacity, absolute <hi rend="underline">perfection.</hi> <lb/>The king can do no wrong. I 238 </p> | |||
<head>7</head> | |||
<p>The prerogative of <lb/>the crown extends not to <lb/>do any injury: it is <lb/>created for the benefit <lb/>of the people, & <hi rend="underline">therefore</hi> <lb/>cannot be exerted to their <lb/> prejudice. I 239 </p> | |||
<head>8</head> | |||
<p>The king ... is not only <lb/>incapable of <hi rend="underline">doing</hi> wrong, <lb/>but even of <hi rend="underline">thinking</hi> <lb/>wrong: he can never mean <lb/>to do an improper thing: <lb/>in him is no folly or <lb/>weakness. I 239 </p> | |||
<pb/> | |||
<head>9</head> | |||
<p>The law ... determines <lb/> that in the king can be <lb/>no negligence. I 260 </p> | |||
<p>Neither can the king <add>Title in <gap/> <gap/> <gap/>under yr</add> <lb/>in judgment of law, as <lb/>king, ever be a minor <lb/>or under age. I 261 </p> | |||
<head>10</head> | |||
<p>A third attribute of <lb/>the king's majesty is his <lb/>perpetuity. The law ascribes <lb/>to him, in his <lb/> political capacity, an <lb/>absolute immortality. <lb/>The king never dies.<lb/> I 242. </p> | |||
<head>Law of Nation</head> | |||
<head>11</head> | |||
<p>The rights, the powers, <lb/>the duties, & the privileges <lb/>of <sic>embassadors</sic> are determined <lb/>by the law of <lb/>nature and nations. I 246. </p> | |||
<head>12</head> | |||
<p>It has been held, both <lb/>by our common lawyers <lb/>& civilians, that an <lb/> <sic>embassador</sic> is privileged <lb/>by the law of nature & <lb/>nations; & yet, if he <lb/>commits any offence <lb/>against the law of reason <lb/>& nature, he shall lose <lb/>his privilege. | |||
I 246 </p> | |||
<head>13</head> | |||
<p>All municipal laws <lb/>act in subordination to <lb/>the primary law of <lb/>nature. I 167 </p> | |||
<head>14</head> | |||
<p>It is held by all the <lb/>writers on the law of <lb/>nature and nations, <lb/>that the right of making <lb/>war, which by nature <lb/>subsisted in every individual, <lb/>is given up <lb/>by all private persons <lb/>that enter into society, & <lb/>is vested in the sovereign<lb/> power. I 249 </p> | |||
<head>15</head> | |||
<p>Custom of reprisals <lb/>seems dictated by nature <lb/>herself. I 251 </p> | |||
<pb/> | |||
<head>3</head> | |||
<head>16</head> | |||
<p>The king is considered in <lb/>domestic affairs ... as the <lb/>fountain of justice and <lb/>general conservator of <lb/> the peace of the kingdom. <lb/>.... the king...is... the <lb/>reservoir from whence <lb/>right and equity are conducted,<lb/> by a thousand <lb/><sic>chanels</sic>, to every individual. <lb/>The original power of judicature, <lb/>by the fundamental <lb/>principles of society, <lb/>is lodged in the society <lb/>at large. I 257 </p> | |||
<head>17</head> | |||
<p>All offences are either <lb/>against the king's peace, <lb/>or <del>against</del> his crown & <lb/>dignity. I 258 </p> | |||
<head>18</head> | |||
<p>As the public, which <lb/>is an invisible body, <lb/>has delegated all its power <lb/>and right, with regard <lb/>to the execution of the <lb/>laws, to one visible magistrate, <lb/>all affronts to <lb/>that power, and breaches <lb/>of those right, are immediately <lb/>offences against <lb/>him, to whom they are <lb/>so delegated by the public. <lb/> I 258.9. </p> | |||
<head><unclear>Silly Picking <gap/> point in all his Courts</unclear></head> | |||
<head>19</head> | |||
<p>His majesty .... in the eye <lb/>of the law is always <lb/>present in all his courts. <lb/>.... His judges are the <lb/>mirror by which the <lb/>king's <sic>immage</sic> is reflected. <lb/> I 260 </p> | |||
<head>20</head> | |||
<p>All offices under the <lb/>crown carry in the eye <lb/>of the law an honour <lb/> along with them, because <lb/>they imply a superiority <lb/>of parts & abilities, being <lb/>supposed to be always <lb/>filled with those who are <lb/>most able to execute them. <lb/> I 262 </p> | |||
<head>Foolish <unclear>defence</unclear></head> | |||
<head>21</head> | |||
<p><hi rend="underline"><foreign>Bona <sic>vacanta</sic></foreign></hi> .... are <lb/> given to the king by <lb/>the law, as a punishment <lb/>upon the owner for <lb/>not himself pursuing <lb/>the <del>folly</del> felon, and <lb/>taking away his goods <lb/>from him. I 286 </p> | |||
<pb/> | |||
<head>2.</head> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
15 July 1804
1
By law pars the person
of the king is sacred,
even though the measures
pursued in his reign be
completely tyrannical &
abitrary: for no jurisdiction
upon earth has
power to try him in a
criminal way. I 235
2
For the end of such
action [an action against
the king] is not to compel
the prince to observe the
contract, but to pursuade him. I. 236
+3
The king Maxim in ...
law ... the king himself
can do no wrong. I 237.
4
As to such public oppressions
as tend to dissolve
the constitution,
& subvert the fundamentals
of government, they
are cases which the law
will not, out of decency,
suppose; being incapable
of distrusting those, whom
it has invested with
any part of the supreme
power. I 237.
5
The supposition of law
.... is, that neither the
king nor either house of
parliament (collectively
taken) is capable of doing
any wrong. I 237
6
The law ... ascribes
to the king, in his political
capacity, absolute perfection.
The king can do no wrong. I 238
7
The prerogative of
the crown extends not to
do any injury: it is
created for the benefit
of the people, & therefore
cannot be exerted to their
prejudice. I 239
8
The king ... is not only
incapable of doing wrong,
but even of thinking
wrong: he can never mean
to do an improper thing:
in him is no folly or
weakness. I 239
---page break---
9
The law ... determines
that in the king can be
no negligence. I 260
Neither can the king Title in under yr
in judgment of law, as
king, ever be a minor
or under age. I 261
10
A third attribute of
the king's majesty is his
perpetuity. The law ascribes
to him, in his
political capacity, an
absolute immortality.
The king never dies.
I 242.
Law of Nation 11
The rights, the powers,
the duties, & the privileges
of embassadors are determined
by the law of
nature and nations. I 246.
12
It has been held, both
by our common lawyers
& civilians, that an
embassador is privileged
by the law of nature &
nations; & yet, if he
commits any offence
against the law of reason
& nature, he shall lose
his privilege.
I 246
13
All municipal laws
act in subordination to
the primary law of
nature. I 167
14
It is held by all the
writers on the law of
nature and nations,
that the right of making
war, which by nature
subsisted in every individual,
is given up
by all private persons
that enter into society, &
is vested in the sovereign
power. I 249
15
Custom of reprisals
seems dictated by nature
herself. I 251
---page break---
3 16
The king is considered in
domestic affairs ... as the
fountain of justice and
general conservator of
the peace of the kingdom.
.... the king...is... the
reservoir from whence
right and equity are conducted,
by a thousand
chanels, to every individual.
The original power of judicature,
by the fundamental
principles of society,
is lodged in the society
at large. I 257
17
All offences are either
against the king's peace,
or against his crown &
dignity. I 258
18
As the public, which
is an invisible body,
has delegated all its power
and right, with regard
to the execution of the
laws, to one visible magistrate,
all affronts to
that power, and breaches
of those right, are immediately
offences against
him, to whom they are
so delegated by the public.
I 258.9.
Silly Picking point in all his Courts 19
His majesty .... in the eye
of the law is always
present in all his courts.
.... His judges are the
mirror by which the
king's immage is reflected.
I 260
20
All offices under the
crown carry in the eye
of the law an honour
along with them, because
they imply a superiority
of parts & abilities, being
supposed to be always
filled with those who are
most able to execute them.
I 262
Foolish defence 21
Bona vacanta .... are
given to the king by
the law, as a punishment
upon the owner for
not himself pursuing
the folly felon, and
taking away his goods
from him. I 286
---page break---
2.
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Identifier: | JB/097/134/001"JB/" can not be assigned to a declared number type with value 97. |
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1804-07-15 |
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097 |
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134 |
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001 |
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collectanea |
1 |
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recto |
d3 |
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1800 |
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1800 |
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31518 |
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