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<p><!-- indented -->Retaliation ... used ... | <p><!-- indented -->Retaliation ... used ... | ||
<lb/> | <lb/> | ||
by the divine authority . | by the divine authority. <lb/> IV 13 | ||
<lb/></p> | <lb/></p> | ||
| Line 42: | Line 42: | ||
of which one falsely accuses | of which one falsely accuses | ||
<lb/> | <lb/> | ||
another , should be | another, should be | ||
<lb/> | <lb/> | ||
inflicted on the perjured | inflicted on the perjured | ||
<lb/> | <lb/> | ||
informer . <!-- white space -->IV 14 | informer. <!-- white space -->IV 14 | ||
<lb/></p> | <lb/></p> | ||
| Line 53: | Line 53: | ||
are subject to the vengeance | are subject to the vengeance | ||
<lb/> | <lb/> | ||
of eternal justice. < | of eternal justice. <lb/>IV 42 | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented -->The law of nations is a | <p><!-- indented -->The law of nations is a | ||
<lb/> | <lb/> | ||
system of rules , deducible | system of rules, deducible | ||
<lb/> | <lb/> | ||
by natural reason , and | by natural reason, and | ||
<lb/> | <lb/> | ||
established by universal | established by universal | ||
| Line 66: | Line 66: | ||
consent among the civilized | consent among the civilized | ||
<lb/> | <lb/> | ||
inhabitants of the world. < | inhabitants of the world. <lb/>IV 66 | ||
<lb/></p> | <lb/></p> | ||
| Line 75: | Line 75: | ||
very justifiably risen as | very justifiably risen as | ||
<lb/> | <lb/> | ||
one man , to <del>origina</del> vindicate | one man, to <del>origina</del> vindicate | ||
<lb/> | <lb/> | ||
the original contract | the original contract | ||
| Line 81: | Line 81: | ||
subsisting between the | subsisting between the | ||
<lb/> | <lb/> | ||
king & his people . IV 82 | king & his people. IV 82 | ||
<lb/></p> | <lb/></p> | ||
| Line 102: | Line 102: | ||
commonwealth ... are ... | commonwealth ... are ... | ||
<lb/> | <lb/> | ||
offences against the king , | offences against the king, | ||
<lb/> | <lb/> | ||
as the <!-- foreign text checked: http://search.avg.com/?d=4dee1342&i=23&tp=chrome&q=pater+familias&lng=en-US&nt=1 --><foreign> | as the <!-- foreign text checked: http://search.avg.com/?d=4dee1342&i=23&tp=chrome&q=pater+familias&lng=en-US&nt=1 --><foreign><hi rend='underline'>pater familias</hi></foreign> of | ||
<lb/> | <lb/> | ||
the nation ; to whom it | the nation; to whom it | ||
<lb/> | <lb/> | ||
appertains by his regal | appertains by his regal | ||
| Line 118: | Line 118: | ||
in conjunction with him have | in conjunction with him have | ||
<lb/> | <lb/> | ||
enacted ; or at least have consented | enacted; or at least have consented | ||
<lb/> | <lb/> | ||
to , by an agreem<hi rend='superscript'>t</hi> expressly | to, by an agreem<hi rend='superscript'>t</hi> expressly | ||
<lb/> | <lb/> | ||
made in the persons of their | made in the persons of their | ||
<lb/> | <lb/> | ||
representatives , or by a tacit & implied | representatives, or by a tacit & implied | ||
<lb/> | <lb/> | ||
consent presumed & proved | consent presumed & proved | ||
<lb/> | <lb/> | ||
by immemorial usage . IV 127 | by immemorial usage. IV 127 | ||
<lb/></p> | <lb/></p> | ||
| Line 139: | Line 139: | ||
publication in the eye of | publication in the eye of | ||
<lb/> | <lb/> | ||
the law : & therefore the | the law: & therefore the | ||
<lb/> | <lb/> | ||
sending an abusive private | sending an abusive private | ||
| Line 151: | Line 151: | ||
for it equally tends to | for it equally tends to | ||
<lb/> | <lb/> | ||
a breach of the peace. < | a breach of the peace. <lb/>IV 150 | ||
<lb/></p> | <lb/></p> | ||
| Line 162: | Line 162: | ||
the<!-- did he intend to write 'her' initially, then change it to 'the' ? --> husband , because this | the<!-- did he intend to write 'her' initially, then change it to 'the' ? --> husband , because this | ||
<lb/> | <lb/> | ||
the true wife ; but the | the true wife; but the | ||
<lb/> | <lb/> | ||
second may for she is | second may for she is | ||
<lb/> | <lb/> | ||
indeed no wife at all < | indeed no wife at all <lb/>IV 164 | ||
<lb/></p> | <lb/></p> | ||
| Line 177: | Line 177: | ||
manner either expressly commanded | manner either expressly commanded | ||
<lb/> | <lb/> | ||
in , or evidently deducible | in, or evidently deducible | ||
<lb/> | <lb/> | ||
from those laws wh<hi rend='superscript'>ch</hi> | from those laws wh<hi rend='superscript'>ch</hi> | ||
<lb/> | <lb/> | ||
the creator has given us ; | the creator has given us; | ||
<lb/> | <lb/> | ||
the divine laws I mean | the divine laws I mean | ||
<lb/> | <lb/> | ||
of either nature or revelat<hi rend='superscript'><hi rend='underline'>n</hi></hi> | of either nature or revelat<hi rend='superscript'><hi rend='underline'>n</hi></hi> <lb/>IV. 177. | ||
<lb/></p> | <lb/></p> | ||
| Line 201: | Line 201: | ||
— in the day time is not | — in the day time is not | ||
<lb/> | <lb/> | ||
by force . <!-- white space -->IV 180 | by force. <!-- white space -->IV 180 | ||
<lb/></del></p> | <lb/></del></p> | ||
| Line 208: | Line 208: | ||
value upon the life of a | value upon the life of a | ||
<lb/> | <lb/> | ||
man , that it always intends | man, that it always intends | ||
<lb/> | <lb/> | ||
some <sic>misbhaviour</sic> | some <sic>misbhaviour</sic> | ||
| Line 221: | Line 221: | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented -->In the case of misadventure , | <p><!-- indented -->In the case of misadventure, | ||
<lb/> | <lb/> | ||
it presumes negligence , | it presumes negligence, | ||
<lb/> | <lb/> | ||
or at least a | or at least a | ||
| Line 231: | Line 231: | ||
in him who was so unfortunate | in him who was so unfortunate | ||
<lb/> | <lb/> | ||
as to commit it , | as to commit it, | ||
<lb/> | <lb/> | ||
who therefore is not altogether | who therefore is not altogether | ||
| Line 240: | Line 240: | ||
<pb/> | <pb/> | ||
<p><del | <p><del><gap/> <gap/> of</del> <add>A</add> ... suicide | ||
<lb/> | <lb/> | ||
is guilty of a double offence; | is guilty of a double offence; | ||
| Line 246: | Line 246: | ||
one spiritual in invading | one spiritual in invading | ||
<lb/> | <lb/> | ||
the prerogative of the Almighty , | the prerogative of the Almighty, | ||
<lb/> | <lb/> | ||
& rushing into his | & rushing into his | ||
| Line 252: | Line 252: | ||
immediate presence uncalled | immediate presence uncalled | ||
<lb/> | <lb/> | ||
for ; the other temporal , | for; the other temporal, | ||
<lb/> | <lb/> | ||
against the king, | against the king, | ||
| Line 260: | Line 260: | ||
the preservation of all | the preservation of all | ||
<lb/> | <lb/> | ||
his subjects . <!-- white space -->IV 189 | his subjects. <!-- white space -->IV 189 | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented -->In order ... to make ... killing | <p><!-- indented -->In order ... to make ... killing | ||
<lb/> | <lb/> | ||
murder , it is requisite that | murder, it is requisite that | ||
<lb/> | <lb/> | ||
the party die within a year | the party die within a year | ||
| Line 280: | Line 280: | ||
person killed must be a | person killed must be a | ||
<lb/> | <lb/> | ||
reasonable creature in living , | reasonable creature in living, | ||
<lb/> | <lb/> | ||
& under the king's peace | & under the king's peace | ||
<lb/> | <lb/> | ||
at the time of the killing . < | at the time of the killing. <lb/>IV 198 | ||
<lb/></p> | <lb/></p> | ||
| Line 293: | Line 293: | ||
contrary appeareth upon | contrary appeareth upon | ||
<lb/> | <lb/> | ||
evidence . <!-- white space -->IV 201 | evidence. <!-- white space -->IV 201 | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented -->Besides the private satisfact<hi rend='superscript'> | <p><!-- indented -->Besides the private satisfact<hi rend='superscript'>n.</hi> | ||
<lb/> | <lb/> | ||
given to the individual by | given to the individual by | ||
| Line 306: | Line 306: | ||
vengeance for the | vengeance for the | ||
<lb/> | <lb/> | ||
breach of the king's peace , | breach of the king's peace, | ||
<lb/> | <lb/> | ||
for the loss which the state | for the loss which the state | ||
| Line 316: | Line 316: | ||
for the infringement of | for the infringement of | ||
<lb/> | <lb/> | ||
the good order of society . < | the good order of society. <lb/>IV 218 | ||
<lb/></p> | <lb/></p> | ||
| Line 323: | Line 323: | ||
against that right of | against that right of | ||
<lb/> | <lb/> | ||
habitation , which is acquired | habitation, which is acquired | ||
<lb/> | <lb/> | ||
by the law of | by the law of | ||
| Line 336: | Line 336: | ||
invasion + disturbance | invasion + disturbance | ||
<lb/> | <lb/> | ||
of that right of habitation , | of that right of habitation, | ||
<lb/> | <lb/> | ||
which every individual | which every individual | ||
| Line 342: | Line 342: | ||
might acquire even in | might acquire even in | ||
<lb/> | <lb/> | ||
a state of nature . IV 223 | a state of nature. IV 223 | ||
<lb/></del></p> | <lb/></del></p> | ||
<p><!-- indented -->In the day time there | <p><!-- indented -->In the day time there | ||
<lb/> | <lb/> | ||
is no burglary . IV 224. | is no burglary. IV 224. | ||
<lb/></p> | <lb/></p> | ||
28 June 1804 8
Punishment ... is not by
way of atonement or expiation
for the crime
committed ... that must
be left to the just determination
of the supreme
being. IV II
Measure of ... punishment ...
the laws of
nature & society. IV 12
Retaliation ... used ...
by the divine authority.
IV 13
Consonant to natural
reason ... that the punishment
due to the crime
of which one falsely accuses
another, should be
inflicted on the perjured
informer. IV 14
Public & private vices
are subject to the vengeance
of eternal justice.
IV 42
The law of nations is a
system of rules, deducible
by natural reason, and
established by universal
consent among the civilized
inhabitants of the world.
IV 66
In cases of national
oppression the nation has
very justifiably risen as
one man, to origina vindicate
the original contract
subsisting between the
king & his people. IV 82
It is lawful by the law
of nature & nations to kill
him [an enemy] in the
heat of battel or for necessary
self defence. IV 117
Such crimes &
misdemesnors
as ... affect the
commonwealth ... are ...
offences against the king,
as the pater familias of
the nation; to whom it
appertains by his regal
office to protect the comunity
.... by executing those laws,
which the people themselves
in conjunction with him have
enacted; or at least have consented
to, by an agreemt expressly
made in the persons of their
representatives, or by a tacit & implied
consent presumed & proved
by immemorial usage. IV 127
---page break---
The comunicatn of a libel
to any one person is a
publication in the eye of
the law: & therefore the
sending an abusive private
letter to a man
is as much a libel as
if it were openly printed,
for it equally tends to
a breach of the peace.
IV 150
In a case of bigamy the
first wife shall not be
admitted as evidence agt
the husband , because this
the true wife; but the
second may for she is
indeed no wife at all
IV 164
No man can be entitled
to deprive himself or another
of [life] but in some
manner either expressly commanded
in, or evidently deducible
from those laws whch
the creator has given us;
the divine laws I mean
of either nature or revelat<hi rend='underline'>n</hi>
IV. 177.
Felonious homicide is the
highest crime against the
law of nature that man
is capable of comittg. IV 177.
Breaking open of a house
— in the day time is not
by force. IV 180
The law sets so high a
value upon the life of a
man, that it always intends
some misbhaviour
in the person who takes it
away , unless by the comand
or express permission of
the law — IV 186.
In the case of misadventure,
it presumes negligence,
or at least a
want of sufficient caution
in him who was so unfortunate
as to commit it,
who therefore is not altogether
faultless — IV 186 -
---page break---
of A ... suicide
is guilty of a double offence;
one spiritual in invading
the prerogative of the Almighty,
& rushing into his
immediate presence uncalled
for; the other temporal,
against the king,
who hath an interest in
the preservation of all
his subjects. IV 189
In order ... to make ... killing
murder, it is requisite that
the party die within a year
& a day after the stroke rec
received or cause of death
administered. IV 197
To constitute murder "the
person killed must be a
reasonable creature in living,
& under the king's peace
at the time of the killing.
IV 198
All homicide is presumed
to be malicious, 'till the
contrary appeareth upon
evidence. IV 201
Besides the private satisfactn.
given to the individual by
action [for false imprisenmt]
the law also demands public
vengeance for the
breach of the king's peace,
for the loss which the state
sustains by the confinemt
of one of its members, &
for the infringement of
the good order of society.
IV 218
Arson ... is an offence
against that right of
habitation, which is acquired
by the law of
nature as well as by
the laws of society. IV . 270
Burglary ..... is a forcible
invasion + disturbance
of that right of habitation,
which every individual
might acquire even in
a state of nature. IV 223
In the day time there
is no burglary. IV 224.
---page break---
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Identifier: | JB/097/131/001"JB/" can not be assigned to a declared number type with value 97. |
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31515 |
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