★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
' | <p>28 Aug 1804</p> | ||
<p>A mistake in <add><!-- in pencil -->exercise</add> point<lb/> | |||
of law, which every<lb/> | |||
person of discretion ant<lb/> | |||
only may, but is bound<lb/> | |||
& presumed to know,<lb/> | |||
is in criminal cases no<lb/> | |||
sort of defence. IV 27</p> | |||
<p>When a legislator <add><!-- In pencil -->Law unjust had favord<gap/> ?</add> established<lb/> | |||
iniquity by a law,<lb/> | |||
& commands the subject<lb/> | |||
to do an act contrary<lb/> | |||
to religion & sound morality<lb/> | |||
- how far this excuse<lb/> | |||
[the obligation of civil<lb/> | |||
subjection] will be admitted<lb/> | |||
in <hi rend="underline">foro conscientio</hi>, or<lb/> | |||
whether in this case the<lb/> | |||
inferior is not bound to<lb/> | |||
obey the divine, rather<lb/> | |||
than the human law,<lb/> | |||
it is not my business<lb/> | |||
to decide. IV 28.</p> | |||
<p><!-- Paragraph in pencil -->3<lb/> | |||
Law of Nature</p> | |||
<p>Neither a son or a<lb/> | |||
servant are excused for<lb/> | |||
the commission of any<lb/> | |||
crime, whether capital<lb/> | |||
or otherwise, by the command<lb/> | |||
or coercion of the<lb/> | |||
parent or master; tho'<lb/> | |||
. . . . . if a woman <sic>comit</sic> <lb/> | |||
theft, burglary, or other<lb/> | |||
civil offences against the<lb/> | |||
laws of society, by the<lb/> | |||
coercion of her husband;<lb/> | |||
or merely by his <sic>comand</sic><lb/> | |||
which the law constitutes<lb/> | |||
a coercion; or even in his<lb/> | |||
company, his example<lb/> | |||
being equivalent to a<lb/> | |||
command; she is not<lb/> | |||
guilty of any crime;<lb/> | |||
being considered as acting<lb/> | |||
by compulsion & not of<lb/> | |||
her own will. IV 28<lb/> | |||
. . . . . This rule admits<lb/> | |||
of an exception in crimes<lb/> | |||
that are <hi rend="underline">mala in se</hi>, &<lb/> | |||
prohibited by the law<lb/> | |||
of nature, as murder<lb/> | |||
& the like: not only because<lb/> | |||
these are of a deeper<lb/> | |||
dige; but also, since in<pb/> | |||
a state of nature no<lb/> | |||
one is in subjection to<lb/> | |||
another, it <unclear>wod</unclear> be unreasonsable<lb/> | |||
to screen an<lb/> | |||
offender from the punishment<lb/> | |||
to natural <del>crimes</del><lb/> | |||
crimes, by the refinements<lb/> | |||
& subordinates of civil<lb/> | |||
society. In treason also <lb/> | |||
. . . . . no plea of coverture<lb/> | |||
shall excuse the wife; no<lb/> | |||
presumpt<hi rend="superscript">n</hi> of the husband's<lb/> | |||
coercion shall exterminate<lb/> | |||
her guilt: as well because<lb/> | |||
of the odiousness &<lb/> | |||
dangerous consequence of<lb/> | |||
the crime itself, as because<lb/> | |||
of the odiousness &<lb/> | |||
dangerous consequences of<lb/> | |||
the crime itself, as because<lb/> | |||
the husband, having<lb/> | |||
broken thro' the<lb/> | |||
most sacred tie of social<lb/> | |||
community by rebellion<lb/> | |||
ag<hi rend="superscript">t</hi> the state, has no <lb/> | |||
right to that obedience<lb/> | |||
from a wife which<lb/> | |||
he himself has forgotten<lb/> | |||
to pay. In inferior<lb/> | |||
<sic>misdemesnors</sic> also, we<lb/> | |||
may remark another<lb/> | |||
exception; that a wife<lb/> | |||
may be indicted & set<lb/> | |||
in the pillory <hi rend="underline">with</hi> her<lb/> | |||
husband, for keeping<lb/> | |||
a brothel: for this is<lb/> | |||
an offence touching the<lb/> | |||
domestic <unclear>economy</unclear> or <lb/> | |||
government of the house,<lb/> | |||
in which the wife has<lb/> | |||
a principal share; & is<lb/> | |||
also such an offence<lb/> | |||
as the law presumes<lb/> | |||
to be generally conducted<lb/> | |||
by the intrigues of the<lb/> | |||
female sex IV 29</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
28 Aug 1804
A mistake in exercise point
of law, which every
person of discretion ant
only may, but is bound
& presumed to know,
is in criminal cases no
sort of defence. IV 27
When a legislator Law unjust had favord ? established
iniquity by a law,
& commands the subject
to do an act contrary
to religion & sound morality
- how far this excuse
[the obligation of civil
subjection] will be admitted
in foro conscientio, or
whether in this case the
inferior is not bound to
obey the divine, rather
than the human law,
it is not my business
to decide. IV 28.
3
Law of Nature
Neither a son or a
servant are excused for
the commission of any
crime, whether capital
or otherwise, by the command
or coercion of the
parent or master; tho'
. . . . . if a woman comit
theft, burglary, or other
civil offences against the
laws of society, by the
coercion of her husband;
or merely by his comand
which the law constitutes
a coercion; or even in his
company, his example
being equivalent to a
command; she is not
guilty of any crime;
being considered as acting
by compulsion & not of
her own will. IV 28
. . . . . This rule admits
of an exception in crimes
that are mala in se, &
prohibited by the law
of nature, as murder
& the like: not only because
these are of a deeper
dige; but also, since in
---page break---
a state of nature no
one is in subjection to
another, it wod be unreasonsable
to screen an
offender from the punishment
to natural crimes
crimes, by the refinements
& subordinates of civil
society. In treason also
. . . . . no plea of coverture
shall excuse the wife; no
presumptn of the husband's
coercion shall exterminate
her guilt: as well because
of the odiousness &
dangerous consequence of
the crime itself, as because
of the odiousness &
dangerous consequences of
the crime itself, as because
the husband, having
broken thro' the
most sacred tie of social
community by rebellion
agt the state, has no
right to that obedience
from a wife which
he himself has forgotten
to pay. In inferior
misdemesnors also, we
may remark another
exception; that a wife
may be indicted & set
in the pillory with her
husband, for keeping
a brothel: for this is
an offence touching the
domestic economy or
government of the house,
in which the wife has
a principal share; & is
also such an offence
as the law presumes
to be generally conducted
by the intrigues of the
female sex IV 29
|
Identifier: | JB/097/150/001"JB/" can not be assigned to a declared number type with value 97. |
|||
|---|---|---|---|
|
1804-08-28 |
|||
|
097 |
|||
|
150 |
|||
|
001 |
|||
|
collectanea |
1 |
||
|
recto |
d19 |
||
|
31534 |
|||
