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07-Oct-2012: under construction by Diane Folan.  Please do not amend.
<!-- NB: the folio is written up as a table of 4 columns.  It has 2 header lines, a left and a right-hand margin line, but no footer heading lines -->


<!-- Also NB: a number of paragraphs have been deleted diagonally, in pencil.  Delete tags have therefore been added to relevant paragraphs, as required. -->


<head>13 July 1804 2<!-- '2' in pencil -->  <note>2<hi rend='superscript'>o</hi></note><!-- note aligned to the right-hand margin, and in pencil --></head>
<head>13 July 1804<!-- indented from the left-hand margin --> <!-- white space --> 2<!-- '2' in pencil,and aligned on the right-hand margin -->  <note>2<hi rend='superscript'>o</hi></note><!-- note in pencil --></head>


<head>1</head>
<!-- the first two paragraphs have been deleted diagonally, in pencil -->
<head>1</head><!-- centred, and in pencil -->
<p><!-- indented -->The confinement of  
<p><!-- indented -->The confinement of  
<lb/>
<lb/>
the person , in any wise
the person, in any wise,
<lb/>
<lb/>
is an imprisonment. <add>I 132.</add>
is an imprisonment.<lb/> I 132.
<lb/></p>
<lb/></p>


<head>2</head>
<head>2</head><!-- centred, and in pencil -->
<p>Within the realm the
<p><!-- indented -->Within the realm the
<lb/>
<lb/>
king may command the
king may command the
Line 23: Line 25:
attendance &amp; service of
attendance &amp; service of
<lb/>
<lb/>
all his liege men .  I 134.
all his liege men.  I 134.
<lb/></p>
<lb/></p>


<head><gap/> <gap/></head>
<!-- horizontal line, in pencil -->
<head>3.</head>
 
<p>The original of private
 
<!-- deleted diagonally, in pencil -->
<head>Natural <gap/><!-- 'Beauty' ? --> </head><!-- centred, and in pencil -->
<head>3.</head><!-- centred, and in pencil -->
<p><!-- indented -->The original of private
<lb/>
<lb/>
property is probably founded
property is probably founded
<lb/>
<lb/>
in nature .  I 134.
in nature.  I 134.
<lb/></p>
<lb/></p>


<head><gap/> <gap/></head>
<!-- horizontal line, in pencil -->
<head>4</head>
 
<p>No subject of England
 
<head><gap/> <gap/></head><!-- centred, and in pencil -->
<head>4</head><!-- centred, and in pencil -->
<p><!-- indented --><note><gap/><!-- looks like 'Fuka' ? --></note><!-- addition in pencil -->  No subject of England
<lb/>
<lb/>
... can be constrained to
... can be constrained to
Line 49: Line 58:
or that of his representatives
or that of his representatives
<lb/>
<lb/>
in parliament .  <add>I 135</add>
in parliament.  <lb/>I 135
<lb/></p>
<lb/></p>


<head><gap/> <gap/> <gap/></head>
<head><gap/> <gap/> <gap/></head><!-- centred, and in pencil -->
<head>5</head>
<head>5</head><!-- right of centre, and in pencil -->
<p>The King ... in judgment
<p><!-- indented -->The King ... in judgment
<lb/>
<lb/>
of law ... is ever
of law ... is ever
Line 60: Line 69:
present &amp; repeating ...
present &amp; repeating ...
<lb/>
<lb/>
in all his courts ... <hi rend='underline'><gap/></hi> &amp;c .  I 137
in all his courts ... <hi rend='underline'><!-- foreign text checked: http://www.google.co.uk/search?q=nullevendemus&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a#hl=en&client=firefox-a&hs=ekn&rls=org.mozilla:en-US:official&spell=1&q=nulli+vendemus&sa=X&ei=YPN6UOHSEOfP0QWn3YGIBg&ved=0CB8QBSgA&bav=on.2,or.r_gc.r_pw.r_qf.&fp=4c9f4bbd916d9831&bpcl=35277026&biw=1252&bih=543 --><foreign>nulli
<lb/>
vendemus</foreign></hi> &amp;c. <!-- white space --> I 137
<lb/></p>
<lb/></p>


<head>6</head>
<head>6</head><!-- centred, and in pencil -->
<p>Says S<hi rend='superscript'>r</hi> Edw<hi rend='superscript'>d</hi> Coke ... every
<p><!-- indented -->Says S<hi rend='superscript'>r</hi> Edw<hi rend='superscript'>d</hi> Coke ... every
<lb/>
<lb/>
subject ... for injury done
subject ... for injury done
Line 72: Line 83:
remedy by the course of
remedy by the course of
<lb/>
<lb/>
the law , &amp; have justice
the law, &amp; have justice
<lb/>
<lb/>
&amp; right for the injury
&amp; right for the injury
<lb/>
<lb/>
done to him , freely
done to him, freely
<lb/>
<lb/>
without sale , fully
without sale, fully
<lb/>
<lb/>
without any denial , &amp;
without any denial, &amp;
<lb/>
<lb/>
speedily without delay.  <add>I 137</add>
speedily without delay.  <lb/>I 137
<lb/></p>
<lb/></p>


<head><gap/> <gap/></head>
<head>Non-Notoriety &#x2014;</head><!-- slightly indented, and in pencil -->
<head>7</head>
<head>7</head><!-- centred, and in pencil -->
<p>What that law [the
<p><!-- indented -->What that law [the
<lb/>
<lb/>
law of the land] is every
law of the land] is every
<lb/>
<lb/>
subject knows ; or may
subject knows; or may
<lb/>
<lb/>
know if he pleases : <del>for
know if he pleases: <del>for
<lb/>
<lb/>
it depends not</del>  I 137.
it depends not</del>  <!-- white space -->  I 137.
<lb/></p>
<lb/></p>


<head>8</head>
<!-- horizontal line, in pencil -->
<p>The crown has not
 
 
<!-- this paragraph has been deleted diagonally, in pencil -->
<head>8</head><!-- centred, and in pencil -->
<p><!-- indented -->The crown has not
<lb/>
<lb/>
any power of doing
any power of doing
<lb/>
<lb/>
wrong , but merely of
wrong, but merely of
<lb/>
<lb/>
preventing wrong from  
preventing wrong from  
<lb/>
<lb/>
being done .  I 150
being done. <!-- white space --> I 150
<lb/></p>
<lb/></p>


<head>9</head>
<!-- this paragraph has been deleted diagonally, in pencil -->
<p>To assault by violence
<head>9</head><!-- centred, and in pencil -->
<p><!-- indented -->To assault by violence
<lb/>
<lb/>
a member of either house,
a member of either house,
Line 119: Line 135:
is a high contempt of
is a high contempt of
<lb/>
<lb/>
parliament .  I 160
parliament. <!-- white space --> I 160
<lb/></p>
<lb/></p>


<pb/>  
<pb/>


<head>10</head>
<head>10</head><!-- centred, and in pencil -->
<p>The true reason <del>for</del> of requiring  
<p><!-- indented -->The true reason <del>for</del> of requiring  
<lb/>
<lb/>
any qualification,
any qualification,
<lb/>
<lb/>
with regard to property ,
with regard to property,
<lb/>
<lb/>
in voters , is to exclude such
in voters, is to exclude such
<lb/>
<lb/>
persons as are in so mean
persons as are in so mean
Line 139: Line 155:
are esteemed to have no
are esteemed to have no
<lb/>
<lb/>
will of their own.  I 165
will of their own.  <!-- white space -->I 165
<lb/></p>
<lb/></p>


<head>11</head>
<head>11</head><!-- centred, and in pencil -->
<p>Only such are entirely
<p><!-- indented -->Only such are entirely
<lb/>
<lb/>
excluded [from voting]
excluded [from voting]
Line 149: Line 165:
as <del>has</del> can have no will
as <del>has</del> can have no will
<lb/>
<lb/>
of their own. I 166
of their own. <!-- white space -->I 166
<lb/></p>
<lb/></p>


<!-- horizontal line -->
<!-- horizontal line, in pencil -->
<pb/>
 


<head>Fictitious presence</head>
<head>Fictitious presence</head><!-- slightly indented, and in pencil -->
<head>12</head>
<head>12</head><!-- centred, and in pencil -->
<p>Every man in England
<p><!-- indented -->Every man in England
<lb/>
<lb/>
is , in judgment of law,
is, in judgment of law,
<lb/>
<lb/>
party to the making an
party to the making an
<lb/>
<lb/>
act of parliament , being
act of parliament, being
<lb/>
<lb/>
present thereat by his
present thereat by his
<lb/>
<lb/>
representatives . I 178.
representatives.<!-- white space -->I 178.
<lb/></p>
 
<!-- horizontal line, in pencil -->
 
 
<head>Civil Death</head><!-- left of centre, and in pencil -->
<head>13</head><!-- right of centre, and in pencil -->
<p><!-- indented -->A dissolution is the
<lb/>
civil death of the parliament.<!-- white space -->I 180
<lb/></p>
 
<head>14</head><!-- centred, and in pencil -->
<p><!-- indented -->As our constitution
<lb/>
now stands, the parliament
<lb/>
must expire, or
<lb/>
die a natural death,
<lb/>
at the end of every
<lb/>
seventh year.<!-- white space -->I . 182
<lb/></p>
 
<!-- horizontal line, in pencil -->
 
 
<head>Consent</head><!-- left of centre, and in pencil -->
<head>15</head><!-- centred, and in pencil -->
<p><!-- indented -->The executive power of
<lb/>
the English nation ... vested
<lb/>
in a single person by
<lb/>
the general consent of
<lb/>
the people.<!-- white space -->I 183
<lb/></p>
 
<head>16</head><!-- centred, and in pencil -->
<p><!-- indented -->In such the great &amp; independent
<lb/>
society, which
<lb/>
every nation composes,
<lb/>
there is no superior to
<lb/>
resort to but the law
<lb/>
of nature.<!-- white space -->I 186
<lb/></p>
<lb/></p>


<!-- horizontal line -->
<!-- horizontal line -->
<head>King never dies</head><!-- centred, and in pencil -->
<head>17</head><!-- centred, and in pencil -->
<p><!-- indented -->In our law the king
<lb/>
is said never to die, in
<lb/>
his political capacity.
<lb/>
... because immediately
<lb/>
upon the natural death
<lb/>
of Henry ... or Edward,
<lb/>
the king survives in his
<lb/>
successor.<!-- white space -->I 189.
<lb/></p>
<!-- horizontal line, in pencil -->
<head><gap/><!-- 'd..' ? --> Feme sole</head><!-- roughly centred, and in pencil -->
<head>18</head><!-- centred, and in pencil -->
<p><!-- indented -->The queen consort ...
<lb/>
... is in all legal proceedings
<lb/>
looked upon as
<lb/>
a <hi rend='underline'>feme sole.</hi><!-- white space -->p.212.
<lb/></p>
<pb/>
<pb/>


<head><gap/> <gap/></head>
<!-- the paragraph has been deleted diagonally, in pencil -->
<head>13</head>
<head>19</head><!-- centred, and in pencil -->
<p>A dissolution is the
<p><!-- indented -->Treason ... to ... imagine
<lb/>
<lb/>
civil death of the parliament . <add>I 180</add>
the death of our lady the
<lb/>
kind's companion.<!-- white space -->I 216
<lb/></p>
<lb/></p>


<!-- horizontal line, in pencil -->
<head><gap/> <gap/> <gap/> <gap/> <gap/> <gap/></head><!-- centred, and in pencil -->
<head>2<del>1</del>0</head><!-- centred, and in pencil -->
<p><!-- indented -->In our law books it is
<lb/>
laid down that peers are
<lb/>
created ... 1. <!-- foreign text checked: https://www.google.co.uk/search?q=Ad+consulendum&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a --><foreign>Ad consulendum</foreign>,
<lb/>
2. <!-- foreign text checked: https://www.google.co.uk/search?q=Ad+defendendum+regem&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a --><foreign>Ad defendendum regem</foreign> . <add><del>I 220</del></add>
<lb/>
for which reasons
<lb/>
the law gives them certain
<lb/>
great &amp; high privileges ....
<lb/>
because the law intends,
<lb/>
that they are always assisting
<lb/>
the kind with their
<lb/>
counsel for the common-wealth;
<lb/>
or keeping the
<lb/>
realm in safety by their
<lb/>
prowess and valour. <lb/>I 220, 1.
<lb/></p>
<head>Original Contract</head><!-- centred, and in pencil -->
<head>21</head><!-- centred, and in pencil -->
<p><!-- indented -->The king's prerogative [is
<lb/>
limited] by bounds so certain
<lb/>
&amp; notorious, that it
<lb/>
is impossible he<!-- the last letter of this is scrawled, rather than written, but it does mean 'he' --> should
<lb/>
ever exceed them, without
<lb/>
the consent of the people;
<lb/>
.... or without ...a violation
<lb/>
of that original
<lb/>
contract, which in all
<lb/>
states impliedly, &amp; in ours
<lb/>
most expressly subsists
<lb/>
between the prince and
<lb/>
the subject.  <!-- white space -->I 230.
<lb/></p>
<!-- horizontal line, in pencil -->
<!-- this paragraph deleted diagonally, in pencil -->
<head>22</head><!-- centred, and in pencil -->
<p><!-- indented -->The powers which are
<lb/>
vested in the crown by
<lb/>
the laws of England, are
<lb/>
necessary for the support
<lb/>
of society; &amp; do not intrench
<lb/>
any further on
<lb/>
our <hi rend='underline'>natural</hi> liberties,
<lb/>
than is expedient for the
<lb/>
maintenance of our <hi rend='underline'>civil</hi>  <lb/>p. 230.
<lb/></p>
<!-- horizontal line, in pencil -->
<!-- this paragraph deleted diagonally, in pencil -->
<head>23</head><!-- centred, and in pencil -->
<p><!-- indented -->Sir Henry Finch <del>lays</del> ...
<lb/>
lays down the law .....
<lb/>
that the king's prerogative
<lb/>
stretcheth not to the doing
<lb/>
any wrong.  <!-- white space -->I. 231
<lb/></p>
<!-- this paragraph has been deleted diagonally, in pencil -->
<head>24</head><!-- centred, and in pencil -->
<p><!-- indented -->The law <add>...</add> ascribes to the
<lb/>
king .... certain attributes
<lb/>
of a great &amp; transcendent
<lb/>
nature, by which the people
<lb/>
are led to consider
<lb/>
him in the light of
<lb/>
a superior being, &amp; to
<lb/>
pay him ... awful respect.  <lb/>I 234.
<lb/></p>
<pb/>


<!-- the final column is blank -->




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{{Metadata:{{PAGENAME}}}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 10:13, 4 February 2020

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13 July 1804 2 2o

1

The confinement of
the person, in any wise,
is an imprisonment.
I 132.

2

Within the realm the
king may command the
attendance & service of
all his liege men. I 134.


Natural 3.

The original of private
property is probably founded
in nature. I 134.


4

No subject of England
... can be constrained to
pay any aids or taxes ...
.. but such as are imposed
by his own consent,
or that of his representatives
in parliament.
I 135

5

The King ... in judgment
of law ... is ever
present & repeating ...
in all his courts ... nulli
vendemus &c. I 137

6

Says Sr Edwd Coke ... every
subject ... for injury done
to him ... may take his
remedy by the course of
the law, & have justice
& right for the injury
done to him, freely
without sale, fully
without any denial, &
speedily without delay.
I 137

Non-Notoriety — 7

What that law [the
law of the land] is every
subject knows; or may
know if he pleases: for
it depends not I 137.


8

The crown has not
any power of doing
wrong, but merely of
preventing wrong from
being done. I 150

9

To assault by violence
a member of either house,
or his menial servants,
is a high contempt of
parliament. I 160


---page break---

10

The true reason for of requiring
any qualification,
with regard to property,
in voters, is to exclude such
persons as are in so mean
a situation that they
are esteemed to have no
will of their own. I 165

11

Only such are entirely
excluded [from voting]
as has can have no will
of their own. I 166


Fictitious presence 12

Every man in England
is, in judgment of law,
party to the making an
act of parliament, being
present thereat by his
representatives.I 178.


Civil Death 13

A dissolution is the
civil death of the parliament.I 180

14

As our constitution
now stands, the parliament
must expire, or
die a natural death,
at the end of every
seventh year.I . 182


Consent 15

The executive power of
the English nation ... vested
in a single person by
the general consent of
the people.I 183

16

In such the great & independent
society, which
every nation composes,
there is no superior to
resort to but the law
of nature.I 186


King never dies 17

In our law the king
is said never to die, in
his political capacity.
... because immediately
upon the natural death
of Henry ... or Edward,
the king survives in his
successor.I 189.


Feme sole 18

The queen consort ...
... is in all legal proceedings
looked upon as
a feme sole.p.212.


---page break---

19

Treason ... to ... imagine
the death of our lady the
kind's companion.I 216


210

In our law books it is
laid down that peers are
created ... 1. Ad consulendum,
2. Ad defendendum regem . I 220
for which reasons
the law gives them certain
great & high privileges ....
because the law intends,
that they are always assisting
the kind with their
counsel for the common-wealth;
or keeping the
realm in safety by their
prowess and valour.
I 220, 1.

Original Contract 21

The king's prerogative [is
limited] by bounds so certain
& notorious, that it
is impossible he should
ever exceed them, without
the consent of the people;
.... or without ...a violation
of that original
contract, which in all
states impliedly, & in ours
most expressly subsists
between the prince and
the subject. I 230.


22

The powers which are
vested in the crown by
the laws of England, are
necessary for the support
of society; & do not intrench
any further on
our natural liberties,
than is expedient for the
maintenance of our civil
p. 230.


23

Sir Henry Finch lays ...
lays down the law .....
that the king's prerogative
stretcheth not to the doing
any wrong. I. 231

24

The law ... ascribes to the
king .... certain attributes
of a great & transcendent
nature, by which the people
are led to consider
him in the light of
a superior being, & to
pay him ... awful respect.
I 234.


---page break---




Identifier: | JB/097/133/001"JB/" can not be assigned to a declared number type with value 97.

Date_1

1804-07-13

Marginal Summary Numbering

Box

097

Main Headings

Folio number

133

Info in main headings field

Image

001

Titles

Category

collectanea

Number of Pages

1

Recto/Verso

recto

Page Numbering

d2

Penner

Watermarks

1800

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

1800

Notes public

ID Number

31517

Box Contents

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