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<head>HOMICIDE EXCUSABLE | <head>HOMICIDE EXCUSABLE Crime 4 & 182</head> | ||
<p>What it is that is aimed at in this <unclear>prefase</unclear>, <add>it</add> is not quite <add>very</add> so easy to discern as could be wished <lb/> | <p>What it is that is aimed at in this <unclear>prefase</unclear>, <add>it</add> is not quite <add>very</add> so easy to discern as could be wished <lb/> | ||
The ideas of those who have settled the Law <add>sentiments of the Law viz. those who have concern to write it</add> | The ideas of those who have settled the Law <add>sentiments of the Law viz. those who have concern to write it</add> | ||
relative to the estimation supposing they <del>had any</del> <add>ever let themselves</add> <add>to <unclear>form</unclear> any <unclear>Punishments</unclear> about the matter</add> <lb/> | |||
to an act of this sort, are <add>must</add> to be collected, <add>no otherwise than from</add> either the original disposition of the Law on <lb/> | to an act of this sort, are <add>must</add> to be collected, <add>no otherwise than from</add> either the original disposition of the Law on <lb/> | ||
this behalf, or <add>from</add> the adventitious or from the custom of pardoning as of course, which time out <lb/> | this behalf, or <add>from</add> the adventitious or from the custom of pardoning as of course, which time out <lb/> | ||
of mind has rendered that disposition of no effect. If from the latter, it judges it not deserving<lb/> | of mind has rendered that disposition of no effect. If from the latter, it judges it not deserving<lb/> | ||
of any punishment at all: if from the former, it seems | of any punishment at all: if from the former, it seems singular enough to speak<lb/> | ||
of the forfeiture of a man's whole personal | of the forfeiture of a man's whole personal estate, that is, in <del>most instances</del> <add>the case of most men</add>, all he is <lb/> | ||
worth, as of "a little degree of punishment" — Besides this, in the first place, it<lb/> | worth, as of "a little degree of punishment" — Besides this, in the first place, it<lb/> | ||
<del>seems</del> <add>is a mode of <unclear>extortion</unclear> </add> equally singular to | <del>seems</del> <add>is a mode of <unclear>extortion</unclear> </add> equally singular to speak of a fault as being so trivial, that a man is not<lb/> | ||
to be hanged for it: in the second place <add>it is not true that</add> the Law does not excuse <add>excuses</add> that or any other<lb/> | to be hanged for it: in the second place <add>it is not true that</add> the Law does not excuse <add>excuses</add> that or any other<lb/> | ||
act from the <hi rend='underline'>guilt</hi> of <unclear>Felony</unclear> or any other <hi rend='underline'>guilt:</hi>#<note> # <add>at</add> least according to the barbarians | act from the <hi rend='underline'>guilt</hi> of <unclear>Felony</unclear> or any other <hi rend='underline'>guilt:</hi>#<note> # <add>at</add> least according to the barbarians <add>of a <del>Law</del></add> Law of Nature.</note> it is <add>in these cases</add> <hi rend='underline'>punishment</hi> <add>& not guilt</add> from which<lb/> | ||
the Law <add>Laws</add> excuses.</p> | the Law <add>Laws</add> excuses.</p> | ||
It may be urged indeed that the trouble and | <p>It may be urged indeed that the trouble and expence of procuring a pardon is<lb/> | ||
itself a punishment and in that same little degree <add>which makes the distinction between the conditions <add>treatment</add> of these and | itself a punishment and in that same little degree <add>which makes the distinction between the conditions <add>treatment</add> of these and justifiably <add>enough.</add> but to this it may be<lb/> | ||
finally <gap/>, <add>in the first place</add> that this is imputing a refinement to their conceptions of | finally <gap/>, <add>in the first place</add> that this is imputing a refinement to their conceptions of which no traces<lb/> | ||
are to be met <add><gap/></add> with in any other provision <add>instances</add> in the second place. This distinction, <del>in the | are to be met <add><gap/></add> with in any other provision <add>instances</add> in the second place. This distinction, <del><del>in the</del> Author</del><lb/> | ||
way for Juries in such cases to find a general verdict of acquittal. + <note>+p. 188</note> | himself <gap/><gap/><!-- words illegible because of paper fold -->a few pages afterwards has been <gap/> him at an end by its being the <lb/> way for Juries in such cases to find a general verdict of acquittal. +</p> <note>+p. 188</note> | ||
# p 188. | # p. 188. | ||
HOMICIDE | <head>HOMICIDE Casual. Blackstone. [BR I 6]</head> | ||
<pb/> | <pb/> | ||
HOMICIDE EXCUSABLE Crime 4 & 182
What it is that is aimed at in this prefase, it is not quite very so easy to discern as could be wished
The ideas of those who have settled the Law sentiments of the Law viz. those who have concern to write it
relative to the estimation supposing they had any ever let themselves to form any Punishments about the matter
to an act of this sort, are must to be collected, no otherwise than from either the original disposition of the Law on
this behalf, or from the adventitious or from the custom of pardoning as of course, which time out
of mind has rendered that disposition of no effect. If from the latter, it judges it not deserving
of any punishment at all: if from the former, it seems singular enough to speak
of the forfeiture of a man's whole personal estate, that is, in most instances the case of most men, all he is
worth, as of "a little degree of punishment" — Besides this, in the first place, it
seems is a mode of extortion equally singular to speak of a fault as being so trivial, that a man is not
to be hanged for it: in the second place it is not true that the Law does not excuse excuses that or any other
act from the guilt of Felony or any other guilt:# # at least according to the barbarians of a Law Law of Nature. it is in these cases punishment & not guilt from which
the Law Laws excuses.
It may be urged indeed that the trouble and expence of procuring a pardon is
itself a punishment and in that same little degree which makes the distinction between the conditions <add>treatment of these and justifiably enough. but to this it may be
finally , in the first place that this is imputing a refinement to their conceptions of which no traces
are to be met with in any other provision instances in the second place. This distinction, in the Author
himself a few pages afterwards has been him at an end by its being the
way for Juries in such cases to find a general verdict of acquittal. +
+p. 188
HOMICIDE Casual. Blackstone. [BR I 6]
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