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<!-- NB: the folio is written up as a table of 4 columns. It has 2 header lines, 5 vertical red lines (the outside 2 on the left and right-hand side could well be pre-printed, along with the two header lines, in which case only the 3 inner column lines may have been hand drawn using a ruler/straight edge). There is no footer line. --> | <!-- NB: the folio is written up as a table of 4 columns. It has 2 header lines, 5 vertical red lines (the outside 2 on the left and right-hand side could well be pre-printed, along with the two header lines, in which case only the 3 inner column lines may have been hand drawn using a ruler/straight edge). There is no footer line. --> | ||
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<lb/></p> | <lb/></p> | ||
<p><!-- indented -->In the case of misadventure , it presumes negligence , | <p><!-- indented -->In the case of misadventure , | ||
<lb/> | |||
it presumes negligence , | |||
<lb/> | <lb/> | ||
or at least a | or at least a | ||
| Line 235: | Line 235: | ||
who therefore is not altogether | who therefore is not altogether | ||
<lb/> | <lb/> | ||
faultless — | faultless — IV 186 -<!-- small ndash on the line, not mid-line --> | ||
<lb/></p> | <lb/></p> | ||
<pb/> | <pb/> | ||
<p><del><!-- one word or two ? --><gap/> <gap/> of</del> <add | <p><del><!-- one word or two ? --><gap/> <gap/> of</del> <add>A</add> ... suicide | ||
<lb/> | <lb/> | ||
is guilty of a double <sic>offence</sic>; | is guilty of a double <sic>offence</sic>; | ||
| 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, | ||
<lb/> | <lb/> | ||
who hath an interest in | who hath an interest in | ||
| Line 269: | Line 269: | ||
the party die within a year | the party die within a year | ||
<lb/> | <lb/> | ||
& a day after the stroke <del><unclear> | & a day after the stroke <del><unclear>rec/unclear></del> | ||
<lb/> | <lb/> | ||
received or cause of death | received or cause of death | ||
| Line 284: | Line 284: | ||
& under the king's peace | & under the king's peace | ||
<lb/> | <lb/> | ||
at the time of the killing. <add>IV 198</add> | at the time of the killing . <add>IV 198</add> | ||
<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> | ||
| Line 302: | Line 302: | ||
action [for false <sic>imprisenm<hi rend='superscript'>t</hi></sic>] | action [for false <sic>imprisenm<hi rend='superscript'>t</hi></sic>] | ||
<lb/> | <lb/> | ||
the law also demands public vengeance for the | the law also demands public | ||
<lb/> | |||
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 325: | Line 327: | ||
by the law of | by the law of | ||
<lb/> | <lb/> | ||
nature as well as by the laws of society. | nature as well as by | ||
<lb/> | |||
the laws of society. IV . 2<hi rend='underline'>7</hi>0 | |||
<lb/></p> | <lb/></p> | ||
| Line 332: | 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 343: | Line 347: | ||
<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 <unclear>rec/unclear>
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 satisfacts.
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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