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<head>1825. March 25 +<lb/>Procedure Code</head> <p><note><sic>Ch.</sic> <!-- in pencil -->VIII First or sole Hearing<lb/>§.</note></p> <p>1<lb/> | <head>1825. March 25 +<lb/>Procedure Code</head> <p><note><sic>Ch.</sic> <!-- in pencil -->VIII First or sole Hearing<lb/>§.</note></p> <p><note>1<lb/>Warning against mendacity<lb/> <foreign>Anglici</foreign> <unclear>concordant</unclear><lb/> punishment none<lb/> Thence, <hi rend="underline">warning</hi> thereof<lb/> none</note></p> <p><note>2<lb/> ? any under french<lb/> law</note></p> <p>Faux <gap/>. French Law</note></p> <p>For <del><gap/></del> <sic>falshood</sic> committed under this non-view<lb/> — for <sic>falshood</sic> even in a case where in case of prosecution<lb/> and conviction it would be punished under<lb/>the name of perjury, <add>for <sic>falshood</sic> at the expenses</add> English Judges have not left<lb/> themselves <add>their successors</add> at liberty to inflict punishment. Not so<lb/>Not this <del>ret</del> reckless have they been in the case of behaviour<lb/>which, without being incapable of being squeezed under<lb/>any denomination of crime, has been displeasing to themselves.<lb/> For a wound given to his pride the English Judge<lb/>punishes a man without reserve or disguise: for the no<lb/>something <del>when</del> for any thing which during the trial <add>is unfair</add><lb/>of the defendant in a criminal suit, he is then punished.<lb/> <del><gap/></del> Only in a <sic>criminative</sic> suit can the<lb/>Judge afford to <add>his</add> angry passions the gratification thus<lb/>coveted. In case of a <add> the <gap/> and</add> non <sic>criminative</sic> suit <del><gap/></del> in which<lb/> compensation alone <add>only</add> not punishment is the subject of demand,<lb/> this would be too much to attempt: opportunity<lb/>is wanting: opportunity is wanting: | ||
<del>that Guilty or Not Guilty</del> <add> the confirmation of its quantity</add><lb/>depends upon the verdict of the Jury: and were he ever disposed<lb/> for it can not be <sic>ungranted</sic> by the Judge But<lb/>when for <del><gap/></del> an offence deemed criminal <add>placed in the catalogue of crime</add> a man has<lb/><del><gap/></del> with or without <del>the</del> endeavour on the part of the Judge<lb/><del>J</del> has heard from the lips of its Foreman <add>of the Jury</add> the fatal word<lb/> Guilty and the quantum of the punishment not being <sic>fixt</sic> by<lb/>law <gap/> So the pleasure of the Judge, then <del>comes</del> it is<lb/>that for the nameless and instantaneously imagined offence<lb/> come <del>the</del> in the same <del><gap/></del> moment from the same mouth and<lb/> in the same moment an additional lot of punishment : of punishment <lb/><!-- continues in margin --> by a sentence from which<lb/> no appeal in any shape<lb/> can be made.</p> | |||
1825. March 25 +
Procedure Code
Ch. VIII First or sole Hearing
§.
1
Warning against mendacity
Anglici concordant
punishment none
Thence, warning thereof
none
2
? any under french
law
Faux . French Law</note>
For falshood committed under this non-view
— for falshood even in a case where in case of prosecution
and conviction it would be punished under
the name of perjury, for falshood at the expenses English Judges have not left
themselves their successors at liberty to inflict punishment. Not so
Not this ret reckless have they been in the case of behaviour
which, without being incapable of being squeezed under
any denomination of crime, has been displeasing to themselves.
For a wound given to his pride the English Judge
punishes a man without reserve or disguise: for the no
something when for any thing which during the trial is unfair
of the defendant in a criminal suit, he is then punished.
Only in a criminative suit can the
Judge afford to his angry passions the gratification thus
coveted. In case of a the and non criminative suit in which
compensation alone only not punishment is the subject of demand,
this would be too much to attempt: opportunity
is wanting: opportunity is wanting:
that Guilty or Not Guilty the confirmation of its quantity
depends upon the verdict of the Jury: and were he ever disposed
for it can not be ungranted by the Judge But
when for an offence deemed criminal placed in the catalogue of crime a man has
with or without the endeavour on the part of the Judge
J has heard from the lips of its Foreman of the Jury the fatal word
Guilty and the quantum of the punishment not being fixt by
law So the pleasure of the Judge, then comes it is
that for the nameless and instantaneously imagined offence
come the in the same moment from the same mouth and
in the same moment an additional lot of punishment : of punishment
by a sentence from which
no appeal in any shape
can be made.
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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