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<head>1825. March 23.<lb/> Procedure Code</head> <!-- next note in pencil apart from Ch and § --> <p><note>IV<lb/><sic>Ch.</sic> IX<lb/>§. Preliminary points<lb/> Means of compelling disclosure<lb/> <foreign>Anglici</foreign></note></p> <!-- in pencil --> <p>(6) (1)</p> <!-- finger pointing symbol --> <p> | <head>1825. March 23.<lb/> Procedure Code</head> <!-- next note in pencil apart from Ch and § --> <p><note>IV<lb/><sic>Ch.</sic> IX<lb/>§. Preliminary points<lb/> Means of compelling disclosure<lb/> <foreign>Anglici</foreign></note></p> <!-- in pencil --> <p>(6) (1)</p> <!-- finger pointing symbol --> <p><unclear>Consent</unclear> the Act. for whatever<lb/> the pain now penalty abrogated<lb/> by it?</p> <p><note>13<lb/>Humanity<lb/> & wisdom of<lb/>English practice<lb/>Fallacy of</note></p> <p>As to English practice, the same humanity, <add>coupled with</add> the<lb/> same wisdom, and the same <sic>incorruption</sic> — may be seen<lb/>in this as in <add>so many</add> other case</p> <p>For <del>wisd</del> humanity and wisdom it exhibits<lb/> <hi rend="underline">the pain <gap/> it <unclear>down</unclear></hi> — so expressed in <add>old</add> Law <unclear>Fount</unclear><lb/> weights hanged upon a <add>man's</add> body <sic>till</sic> he is pressed to death<lb/>Tortured to death? used to what end? Only to force him<lb/>to <del>under</del> <sic>submitt</sic> himself in force to the power of the judge<lb/> by pronouncing the one word Guilty or the two words<lb/> Not Guilty: <sic>till</sic> <add><gap/> after</add> one or other of these <sic>formularies</sic> are uttered<lb/> the Judge will not hear the evidence: as if it could not nor<lb/>will be heard without or after them</p> <p><note>14<lb/>Torture established<lb/>to provide compliance<lb/>Reward to produce<lb/> non compliance</note></p> <p><add>Pity it is</add> Neither the date of this law nor the name of the Judge<lb/>by whose authority it was virtuously enacted have <add>has</add> come down<lb/> to these terms. It might have figured with that of the author<lb/>of the Ellenborough Act, <gap/> as if to <add>for</add> <del><gap/> of</del> encouragement<lb/> to perseverance, <gap/> in one punishment — the English<lb/>Judge's favourite punishment death — the attempted end the<lb/>perpetration</p> <p>To <sic>compleat</sic> the wisdom the same new <add>once resplendent</add> <gap/><lb/> humanity while establishing torture to produce compliance<lb/>established reward to produce non-compliance: <add>whether Greater or not</add> if <del>that</del><lb/>guilty was the <add>were the</add> word, and conviction and <sic>judgment</sic> consent,<lb/>how properly would in the case in question go to the <unclear>Manual</unclear><lb/> and, and the <gap/> wife and children if he had any,<lb/> be deprived of it. But if, for the sake of his wife and children<lb/> he would consent to be thus sentenced to death, that part of his<lb/>punishment, the pain of sympathy was <gap/> to him, and upon<lb/> his saying Not Guilty he would be <unclear>recuse</unclear>, if Guilty a chance of escaping<lb/> <add> from</add> <lb/> <!-- continues in margin --> from punishment, by<lb/> one or other of those<lb/>means which English<lb/> Judges have grounded<lb/> in such abundance for<lb/> <!-- continues along right hand edge of the page --> the preservation of the Guilty: for instance by bribing some underling of theirs to put into the instrument of accusation a word to which they had taken upon them as <hi rend="superscript">[1]</hi><!-- continues above this text --><lb/> <hi rend="superscript">[1]</hi> is useful at any time it<lb/> pleases take upon them to<lb/> give that effect</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
1825. March 23.
Procedure Code
IV
Ch. IX
§. Preliminary points
Means of compelling disclosure
Anglici
(6) (1)
Consent the Act. for whatever
the pain now penalty abrogated
by it?
13
Humanity
& wisdom of
English practice
Fallacy of
As to English practice, the same humanity, coupled with the
same wisdom, and the same incorruption — may be seen
in this as in so many other case
For wisd humanity and wisdom it exhibits
the pain it down — so expressed in old Law Fount
weights hanged upon a man's body till he is pressed to death
Tortured to death? used to what end? Only to force him
to under submitt himself in force to the power of the judge
by pronouncing the one word Guilty or the two words
Not Guilty: till after one or other of these formularies are uttered
the Judge will not hear the evidence: as if it could not nor
will be heard without or after them
14
Torture established
to provide compliance
Reward to produce
non compliance
Pity it is Neither the date of this law nor the name of the Judge
by whose authority it was virtuously enacted have has come down
to these terms. It might have figured with that of the author
of the Ellenborough Act, as if to for of encouragement
to perseverance, in one punishment — the English
Judge's favourite punishment death — the attempted end the
perpetration
To compleat the wisdom the same new once resplendent
humanity while establishing torture to produce compliance
established reward to produce non-compliance: whether Greater or not if that
guilty was the were the word, and conviction and judgment consent,
how properly would in the case in question go to the Manual
and, and the wife and children if he had any,
be deprived of it. But if, for the sake of his wife and children
he would consent to be thus sentenced to death, that part of his
punishment, the pain of sympathy was to him, and upon
his saying Not Guilty he would be recuse, if Guilty a chance of escaping
from
from punishment, by
one or other of those
means which English
Judges have grounded
in such abundance for
the preservation of the Guilty: for instance by bribing some underling of theirs to put into the instrument of accusation a word to which they had taken upon them as [1]
[1] is useful at any time it
pleases take upon them to
give that effect
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