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<p>The Spaniard it is thought, will commonly put<lb/>
<p>The Spaniard it is thought, will commonly put<lb/>
<del><gap/></del> them to death.</p>
<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><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/>
with his Jury to visit the party while yet alive:<lb/>
and in Wales it was expressly made a<lb/>
part of that Officer's duty by the <foreign>Statutum</foreign><lb/>
<foreign>Wallie</foreign> &#x2014; This <add>usage</add> M<hi rend='superscript'>r</hi> Barrington wishes<lb/>
to see revived; &amp; for a very good reason.<lb/>
It would be useful, he observes, as a means of authenticating</p>
<pb/>
<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 &amp; 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/>
Poison is the Instrument<lb/>
mixing poison <add>knowing to be such</add> with food usually eaten<lb/>
by man, laying it in a place easily accessible<lb/>
to man, and circumstances that indicate<lb/>
the design of <sic>it's</sic> being eaten by man.<lb/>
As if Arsenic were to be cast into a Pot<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 &amp;<lb/>
the loaf laid in the Street or set in the pantry.<lb/>
<del>with Mr</del></p>
<p><note>Petty Treason</note> And this is ornamented with <sic>it's</sic> embroidery of modifications<lb/>
exceptions &amp; 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 &amp; 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, &amp; which nobody<lb/>
knows any thing of but those of the Profession<lb/>
with analogies &amp; restrictions &amp; divisions &amp; conclusions<lb/>
which I could introduce were they (as they are not)<lb/>
of any other use than to <sic>incumber</sic> &amp; perplex the<lb/>
Law.</p>
<head>HOMICIDE [BR][13]</head> 




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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.

Date_1

Marginal Summary Numbering

not numbered

Box

096

Main Headings

legislation

Folio number

213

Info in main headings field

homicide

Image

002

Titles

Category

text sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

c13 /

Penner

jeremy bentham

Watermarks

[[watermarks::[gr with crown motif] [lion with vryheyt motif]]]

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

31217

Box Contents

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