JB/097/150/001

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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.
Date_1	1804-08-28	Marginal Summary Numbering
Box	097	Main Headings
Folio number	150	Info in main headings field
Image	001	Titles
Category	collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering	d19
Penner		Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	31534
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