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is a time for and during which he has been exiled by authority of Parliament<lb/> | is a time for and during which he has been exiled by authority of Parliament<lb/> | ||
and so far as it is only for and during this time that he is kept in New South<lb/> | and so far as it is only for and during this time that he is kept in New South<lb/> | ||
Wales, so far there is no<lb/> | <note>Wales, so far there is no<lb/> | ||
injury. But after the<lb/> | injury. But after the<lb/> | ||
expiration of this time, all<lb/> | expiration of this time, all<lb/> | ||
the rest of the time during<lb/> | the rest of the time during<lb/> | ||
which he is kept there<lb/> | which he is kept there<lb/> | ||
he is <del><gap/> exiled, | he is <del><gap/> exiled, ban</del><lb/> | ||
kept in exile and imprisonment<lb/> | kept in exile and imprisonment<lb/> | ||
without authority<lb/> | without authority<lb/> | ||
of Parliament.<lb/> | of Parliament.<lb/> | ||
He would be <del>exile</del> kept<lb/> | He would be <del>exile,</del> kept<lb/> | ||
in exile, if with the exception<lb/> | in exile, if with the exception<lb/> | ||
of this his native<lb/> | of this his native<lb/> | ||
| Line 24: | Line 24: | ||
exiled, he had the choice<lb/> | exiled, he had the choice<lb/> | ||
of the whole world.<lb/> | of the whole world.<lb/> | ||
But besides being | But besides being exiled<lb/> | ||
kept in <hi rend="underline">exile</hi>, he is kept<lb/> | kept in <hi rend="underline">exile</hi>, he is kept<lb/> | ||
<add>even</add> in <del>pri</del> <hi rend="underline">imprisonment</hi><lb/> | <add>even</add> in <del>pri</del> <hi rend="underline">imprisonment</hi><lb/> | ||
| Line 31: | Line 31: | ||
extended<lb/> | extended<lb/> | ||
<del>the wilds</del> <add>region</add> of New South<lb/> | <del>the wilds</del> <add>region</add> of New South<lb/> | ||
Wales.</p> | Wales.</note></p> | ||
<note><add>+</add> II Inst. 4</note> | <note><add>+</add> II Inst. 4</note> | ||
<p>"This" (Magna Charta) "is a beneficial law, and is constrained<lb/> | <p>"This" (Magna Charta) "is a beneficial law, and is constrained<lb/> | ||
"benignly; and therefore the King can not send<lb/> | "<del>benignly</del> benignly; and therefore the King can not send<lb/> | ||
"any subject of England against his will to <hi rend="underline">serve</hi> him out of<lb/> | "any subject of England against his will to <hi rend="underline">serve</hi> him out of<lb/> | ||
"this realm, for that would be an exile, and he should | "this realm, for that would be an exile, and he should | ||
| Line 42: | Line 42: | ||
"the realm of England; for, if the King might send him out<lb/> | "the realm of England; for, if the King might send him out<lb/> | ||
"of this realm to any place, then under pretence of service,<lb/> | "of this realm to any place, then under pretence of service,<lb/> | ||
"an Ambassador or the like, he might send him into the<lb/>"farthest part of the world, which, being an exile, is prohibited<lb/>by this Act."<add>+</add> <note><add>+</add> Ibid.</note> To send the meanest of these Convicts<lb/> <add><del>furthest <gap/> of the world</del> to this furthest part of the <del>globe</del> world;</add><lb/>against his will, though it were to be Governor there<lb/>would be an offence <del>against Magna Charta</del> in the first place against Magna<lb/>Charta, in the next<lb/>place against the Habeas<lb/>Corpus Act.</p> | "an Ambassador or the like, he might send him <hi rend="underline">into the</hi><lb/><hi rend="underline">"farthest part of the world, which, being an exile, is prohibited</hi><lb/>by this Act."<add>+</add> <note><add>+</add> Ibid.</note> To send the meanest of these Convicts<lb/> <add><del>furthest <gap/> of the world</del> to this furthest part of the <del>globe</del> world;</add><lb/>against his will, though it were to be Governor there<lb/>would be an offence <del>against Magna Charta</del> in the first place against Magna<lb/><note>Charta, in the next<lb/>place against the Habeas<lb/>Corpus Act.</note></p> | ||
<p>"<hi rend="underline">Imprisonment</hi> doth not only extend to false <hi rend="underline">imprisonment</hi><lb/> | <p>"<hi rend="underline">Imprisonment</hi> doth not only extend to false <hi rend="underline">imprisonment</hi><lb/> | ||
"and unjust, but for <hi rend="underline">detaining</hi> of the prisoner<lb/> | "and unjust, but for <hi rend="underline">detaining</hi> of the prisoner<lb/> | ||
| Line 58: | Line 58: | ||
<p>"If any man by colour of any authority, | <p>"If any man by colour of any authority, | ||
<hi rend="underline">where he<lb/> | <hi rend="underline">where he<lb/> | ||
"hath not any in that particular case</hi>, arrest or <hi rend="underline">imprison</hi><lb/>"any man, or <hi rend="underline">cause him</hi> to be arrested or imprisoned, this<lb/>"is against this Act; and it is most hateful when it is<lb/>"<hi rend="underline">done by countenance of justice.</hi> Had Lord Coke been a<lb/>prophet as well as a lawyer, he | "hath not any in that particular case</hi>, arrest or <hi rend="underline">imprison</hi><lb/>"any man, or <hi rend="underline">cause him</hi> to be arrested or imprisoned, this<lb/>"is against this Act; and it is most hateful when it is<lb/>"<hi rend="underline">done by countenance of justice.</hi> Had Lord Coke been a<lb/>prophet as well as a lawyer, he could not have pointed more surely to<lb/>this present case.</p> | ||
<p>King Edward 6<hi rend="superscript">th</hi> did incorporate the town of S<hi rend="superscript">t</hi> Alban's,<lb/> | <p>King Edward 6<hi rend="superscript">th</hi> did incorporate the town of S<hi rend="superscript">t</hi> Alban's,<lb/> | ||
"and granted to them to make ordinances &c. They<lb/> | "and granted to them to make ordinances &c. They<lb/> | ||
| Line 64: | Line 64: | ||
"was adjudged to be against this Statute of Magna Charta.<lb/> | "was adjudged to be against this Statute of Magna Charta.<lb/> | ||
"So it is, if such an ordinance had been contained in the<lb/> | "So it is, if such an ordinance had been contained in the<lb/> | ||
"patent itself. <del>These</del> Ordinances of these <gap/> are <add>null and</add> void,<lb/> | "patent itself. <del>These</del> Ordinances of <del><gap/></del> these <gap/> are <add>null and</add> void,<lb/> | ||
as well as the persons in issuing<lb/> | <note>as well as the persons in issuing<lb/> | ||
these malefactors | these malefactors | ||
<del>punishable<lb/>with perpetual <gap/></del> | <del>punishable<lb/>with perpetual <gap/></del></note> | ||
</p> | </p> | ||
<p>What they did was to make< | <p> | ||
They made <add>What they did was to make</add> an Ordinance creating a new offence, forbidding<lb/> | |||
the commission of that offence, <add>upon</add> <gap/> of <!-- MSS is crumpled at this point --><lb/> | the commission of that offence, <add>upon</add> <gap/> of <!-- MSS is crumpled at this point --><lb/> | ||
and not make an ordinance subjecting a man to <gap/>. They<lb/> | and not make an ordinance subjecting a man to <gap/>. They<lb/> | ||
"This (Magna Charta) By the law of the land no man
"can be exiled or banished out of his native Country, but either
"by authority of Parliament, or in the case of abjuration for felony by
"the common Law? In the instance of each of these Convicts, there
is a time for and during which he has been exiled by authority of Parliament
and so far as it is only for and during this time that he is kept in New South
Wales, so far there is no
injury. But after the
expiration of this time, all
the rest of the time during
which he is kept there
he is exiled, ban
kept in exile and imprisonment
without authority
of Parliament.
He would be exile, kept
in exile, if with the exception
of this his native
country from which he
exiled, he had the choice
of the whole world.
But besides being exiled
kept in exile, he is kept
even in pri imprisonment
confined as he is to
the unrelated however
extended
the wilds region of New South
Wales.
+ II Inst. 4
"This" (Magna Charta) "is a beneficial law, and is constrained
"benignly benignly; and therefore the King can not send
"any subject of England against his will to serve him out of
"this realm, for that would be an exile, and he should
prodere
patriam: no, he cannot be sent against his will into Ireland,
"to serve the King as his Deputy there, because it is out of
"the realm of England; for, if the King might send him out
"of this realm to any place, then under pretence of service,
"an Ambassador or the like, he might send him into the
"farthest part of the world, which, being an exile, is prohibited
by this Act."+ + Ibid. To send the meanest of these Convicts
furthest of the world to this furthest part of the globe world;
against his will, though it were to be Governor there
would be an offence against Magna Charta in the first place against Magna
Charta, in the next
place against the Habeas
Corpus Act.
"Imprisonment doth not only extend to false imprisonment
"and unjust, but for detaining of the prisoner
"longer than he ought, where he was at the first lawfully imprisoned.
+ So it is of a felon .....
custody of the King's officer
...is an imprisonment
in law. [II. 2d Inst. 589]
He that is under lawful arrest
is said to be in prison
although it be yet infra parietes
carceris II. ibid.
II. Inst. 53.
"If any man by colour of any authority,
where he
"hath not any in that particular case, arrest or imprison
"any man, or cause him to be arrested or imprisoned, this
"is against this Act; and it is most hateful when it is
"done by countenance of justice. Had Lord Coke been a
prophet as well as a lawyer, he could not have pointed more surely to
this present case.
King Edward 6th did incorporate the town of St Alban's,
"and granted to them to make ordinances &c. They
"made an ordinance upon pain of imprisonment and it
"was adjudged to be against this Statute of Magna Charta.
"So it is, if such an ordinance had been contained in the
"patent itself. These Ordinances of these are null and void,
as well as the persons in issuing
these malefactors
punishable
with perpetual
They made What they did was to make an Ordinance creating a new offence, forbidding
the commission of that offence, upon of
and not make an ordinance subjecting a man to . They
the first instance, for an offence at all, but under colour
of punishment for an fully expiated.
+ Tyranny like this was
the for the close of
Pitt
of the divine conceit of being above Parliament, and the Economy of through Parliament the without saying any thing asking for the of legislators
This of the violation of the most notorious (as well as most sacred of law maxims, committed
by those men of law. This cause of the of those, who for the satisfaction of punishing men
twice for the same offence, and more the second time than the first, undertook
to be legibus.
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Identifier: | JB/116/341/001"JB/" can not be assigned to a declared number type with value 116. |
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1802-07-05 |
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116 |
panopticon versus new south wales |
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341 |
n. s. wales |
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001 |
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text sheet |
1 |
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recto |
d5 / f60 |
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jeremy bentham |
[[watermarks::[monogram] 1800]] |
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1800 |
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37874 |
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