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' | <head>CERTAINTY<head> <p>Law <foreign>de FACI</foreign> — Law not to be pushed beyond Intention</p> <head>MURDER.</head> <p> It is <sic>holden</sic> for Law, that if a Person <add>is</add> <sic>struken</sic> with an <hi rend="underline">Iron Bar</hi> it is Murder<lb/> It is also <sic>holden</sic> for Law, that if a Person <add>is</add> <sic>stricken</sic> <del>another with</del> a <hi rend="underline">great Stick</hi>, it is Murder<lb/> In the first place, the words Great Stick fix nothing: for the never convey the same meaning <add> mean the same thing</add> to<lb/> A Stick is a name that may be given to any thing from a <sic>L<hi rend="superscript">d</hi></sic> Chamberlain's wand <add> to a log</add><lb/> Hop<del>p</del>-Pole</p> <p><note> [+]<lb/> From the whole of time of what has been<lb/> and I trust is <gap/> appears<lb/> That these doctrines are most necessarily<lb/> be either false or useless: false<lb/> & mischievous <add> to the last degree</add> <del>if literally adhered to</del><lb/> if literally adhered to; useless, if<lb/>deviating <add> from</add> the literal meaning, <del>the</del><lb/> <gap/> <!-- blank space --> is after all turned back<lb/> to the general point of intention<lb/> which they make a <sic>shew</sic> of narrowing<lb/> by further particularization.</note></p> <p> There are pieces if iron from the size of 3 or 4 <add>to 12</add> Inches <add><del> to no</del></add> used for the purpose of making<lb/>magnets, & these <del>as will</del> <add> are called by</add> the name of <del>Ir</del> Bars of Iron as much as those which <add. are</add><lb/> just landed at the Steel Yard</p> <p> In the next place, <add> supposing</add> if they fixed <add>upon</add> a certain size, they were <add>exclusive</add> of all beneath it, they would <add>fix</add><lb/> wrong — For as on the one hand, a stroke <gap/> be given with a Stick or Bar <add>above</add><lb/> that size, <add><del> It is know that the</del></add> whatever it be, <del>without any <gap/> & yet <gap/> <gap/> that effect,</del> <add> without <gap/> in that effect <add> & without intention of its <gap/></add> so may <add>it with a</add> a stick<lb/> or a Bar below that size, and yet be <gap/> <add> be the true cause,</add> notwithstanding of the death, <del>so <gap/> <gap/><lb/> Ready</del></p> <p><note> The necessity of connection finds<lb/> If they are not up against <add>the doctrine of</add> the intention<lb/> they are bad <add>false</add> I <del><gap/></del> mischievous: if they<lb/> are meant to concur with it, they<lb/> fail in doing so.</note></p> <p> The probability of Death (from whence is imposed <add> <gap/> it <gap/></add> the intent to cause it) or <gap/> from <add> being</add><lb/> as the quantity of matter of the Instrument with which the stroke is given, is not <add>even</add><lb/>as the momentum, <add> only</add> which includes the force <add>velocity</add> besides: it depends upon 4 <add>several</add> circumstances<lb/> of which these are but two; the two others being, the part of the body on which the<lb/> stroke falls (& this may be the effect of chance) and the particular <add> constitution of the</add> habit <add> of body</add> of the suffering<lb/> It is well known that a scratch <add> (which yet may very well be deemed the <foreign>sine qua non</foreign> of his death)</add> shall be fatal to a man <gap/> & causing <add> others</add><lb/> habits of body who could have stood a stroke of 50 times the momentum in good <add>health</add><lb/>When of 4 circumstances that are thus concerned, only one is taken into the account<lb/> It is easy to see of what <add>force</add> weight of value ... the <add>one</add> inference <add> made [only]</add> from that one must <add> possess</add></p> <p><note>When guilt is privately inferred<lb/> from circumstances which have no<lb/> <gap/> any further than as it<lb/> helps <Add>mark</add> to indicate intention; which<lb/> it can ever do <add>be</add>, but according<lb/> as 9 others concur to the same <add> in <gap/></add><lb/> the same way.<lb/> <gap/></note></p> <!-- line across the margin --> <p><note> Instance of questions<lb/> much more likely to involve Questions<lb/> of <hi rend="underline">Law</hi> & much more susceptible of general rules <del><gap/</del><lb/> (What are Necessaries for an Infant <add>yet left to</add> a Jury are<lb/> <sic>Andr.</sic> 278</note></p> | ||
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Law de FACI — Law not to be pushed beyond Intention
<head>MURDER. It is holden for Law, that if a Person is struken with an Iron Bar it is Murder
It is also holden for Law, that if a Person is stricken another with a great Stick, it is Murder
In the first place, the words Great Stick fix nothing: for the never convey the same meaning mean the same thing to
A Stick is a name that may be given to any thing from a Ld Chamberlain's wand to a log
Hopp-Pole
[+]
From the whole of time of what has been
and I trust is appears
That these doctrines are most necessarily
be either false or useless: false
& mischievous to the last degree if literally adhered to
if literally adhered to; useless, if
deviating from the literal meaning, the
is after all turned back
to the general point of intention
which they make a shew of narrowing
by further particularization.
There are pieces if iron from the size of 3 or 4 to 12 Inches to no used for the purpose of making
magnets, & these as will are called by the name of Ir Bars of Iron as much as those which <add. are</add>
just landed at the Steel Yard
In the next place, supposing if they fixed upon a certain size, they were exclusive of all beneath it, they would fix
wrong — For as on the one hand, a stroke be given with a Stick or Bar above
that size, It is know that the whatever it be, without any & yet that effect, without in that effect <add> & without intention of its so may it with a a stick
or a Bar below that size, and yet be be the true cause, notwithstanding of the death, so
Ready
The necessity of connection finds
If they are not up against the doctrine of the intention
they are bad false I mischievous: if they
are meant to concur with it, they
fail in doing so.
The probability of Death (from whence is imposed it the intent to cause it) or from being
as the quantity of matter of the Instrument with which the stroke is given, is not even
as the momentum, only which includes the force velocity besides: it depends upon 4 several circumstances
of which these are but two; the two others being, the part of the body on which the
stroke falls (& this may be the effect of chance) and the particular constitution of the habit of body of the suffering
It is well known that a scratch (which yet may very well be deemed the sine qua non of his death) shall be fatal to a man & causing others
habits of body who could have stood a stroke of 50 times the momentum in good health
When of 4 circumstances that are thus concerned, only one is taken into the account
It is easy to see of what force weight of value ... the one inference made [only] from that one must possess
When guilt is privately inferred
from circumstances which have no
any further than as it
helps mark to indicate intention; which
it can ever do be, but according
as 9 others concur to the same in
the same way.
Instance of questions
much more likely to involve Questions
of Law & much more susceptible of general rules <gap/
(What are Necessaries for an Infant yet left to a Jury are
Andr. 278
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procedure code |
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082 |
certainty law & fact |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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16073 |
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