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Corpus Act.</note> | Corpus Act.</note> | ||
<p>Note (c)</p> | <p>Note (c)</p> | ||
<p>"Every restraint of the liberty of a freeman" <add>(says the abridgement of Chief Baron Comyns)</add> "will be an imprisonment:"<lb/> | <p><add>(a)</add>"Every restraint of the liberty of a freeman" <add>(says the abridgement of Chief Baron Comyns)</add> "will be an imprisonment:"<lb/> | ||
—though it be in the High Street <del>and it</del> or<lb/> | —though it be in the High Street <del>and it</del> or<lb/> | ||
"elsewhere, and he be not put into any prison or house."<lb/> | "elsewhere, and he be not put into any prison or house."<lb/> | ||
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<del>a man to add an authority</del> <add>a <gap/></add> that adds to the authority of<lb/> | <del>a man to add an authority</del> <add>a <gap/></add> that adds to the authority of<lb/> | ||
the original source instead of weakening it. And what, if<lb/> | the original source instead of weakening it. And what, if<lb/> | ||
there could be a doubt, would do <del>more still than would do</del> <add><del> | there could be a doubt, would do <del>more still than would do</del> <add>be<del> still more apposite than anything</del></add><lb/> | ||
a still more apposite interpretation, than any that could have<lb/> | a still more apposite interpretation, than any that could have<lb/> | ||
<add>been given</add><del><gap/></del> by Lord Coke—he wrote after the Habeas Corpus Act.</p> | <note>Comyns Imprisonment<lb/> | ||
(G.)</note> <add>been given</add><del><gap/></del> by Lord Coke—he wrote after the Habeas Corpus Act.</p> | |||
<p>They would <add>both of them</add> have expressed themselves more <del>distinctly</del> <add>fully</add><lb/> | <p>They would <add>both of them</add> have expressed themselves more <del>distinctly</del> <add>fully</add><lb/> | ||
though scarcely more intelligibly if they had said<lb/> | though scarcely more intelligibly if they had said<lb/> | ||
every restraint <del>upon</del> of the liberty of <hi rend="underline">loco-motion</hi>would<lb/> | every restraint <del>upon</del> of the liberty of <hi rend="underline">loco-motion</hi> would<lb/> | ||
be an <hi rend="underline">improvement</hi>: every restraint upon his liberty of<lb/> | be an <hi rend="underline">improvement</hi>: every restraint upon his liberty of<lb/> | ||
loco-motion on the part of <hi rend="underline">a freeman</hi>, <hi rend="underline">false imprisonment</hi>.</p> | loco-motion on the part of <hi rend="underline">a freeman</hi>, <hi rend="underline">false imprisonment</hi>.</p> | ||
N.S. Wales
12 July 1802. Note? to p.68
Conduct
VIII Jeopardy
Imprisonment
where no prison.
6
—and Ld Comyns
after the Habeas
Corpus Act.
Note (c)
(a)"Every restraint of the liberty of a freeman" (says the abridgement of Chief Baron Comyns) "will be an imprisonment:"
—though it be in the High Street and it or
"elsewhere, and he be not put into any prison or house."
Besides the authority of Lord Coke as above, he quotes two others,
(Cro. Car. 210. Per Thorpe Feb 24. Bar. 301.)
I have them not at hand, nor is it material. Comyns is
a man to add an authority a that adds to the authority of
the original source instead of weakening it. And what, if
there could be a doubt, would do more still than would do be still more apposite than anything
a still more apposite interpretation, than any that could have
Comyns Imprisonment
(G.) been given by Lord Coke—he wrote after the Habeas Corpus Act.
They would both of them have expressed themselves more distinctly fully
though scarcely more intelligibly if they had said
every restraint upon of the liberty of loco-motion would
be an improvement: every restraint upon his liberty of
loco-motion on the part of a freeman, false imprisonment.
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Identifier: | JB/116/339/001"JB/" can not be assigned to a declared number type with value 116. |
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116 |
panopticon versus new south wales |
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339 |
n. s. wales |
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text sheet |
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f61 |
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jeremy bentham |
[[watermarks::[monogram] 1800]] |
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1800 |
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37872 |
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