SSamDav/icdar-htr-competition-2015 huggingface dataset:
Peltier's Trial p. 164 Edit 1803

Mr MacKintosh's speech _ It was the moral anger of disinterested spec-

-tators against atrocious crimes, the gravest and most dignified moral

principle which the God of Justice has implanted in the human heart,

that of which the dread is the only restraint on the actions of powerful

criminals, & of which the promulgation is the only punishment

that can be inflicted on them. It is a restraint which ought

not to be weakened _ it is a punishment no good man

can desire to mitigate.

H. 166 I hope I may venture to say, that no English assembly need

have endured such a sacrifice of eternal justice to any miserable interest

of an hour.

H. 167. If there be a decorum due to exalted rank and authority,

there is also a much more sacred decorum due to virtue +

to human nature, which would be outraged & trampled under

foot, by speaking of guilt in a lukewarm language language,

falsely called moderate.

H170 Those only can defend themselves with valeur, who are

animated by the moral approbation with which they can survey

their sentiments towards others, who are ennobled in their own

eyes by a consciousness that they are fighting for justice as well

as well as interest, a consciousness which non can feel, but those

who have felt for the wrongs of their brethren.

H p 89 Libel undefinable.

12 July 1803

Picture of the Treasury
such

an one enacted by any Legislator.

In the former Case, it will be either kept

or broken: if broken, there is an Unhappiness

produced by the Punishment [which forms] the

sanction: if kept, men are kept from doing what

they have a Mind to do: now to be kept from

doing what one has a Mind to do, is Unhappiness. ||

To instance at once the strongest Case that

can be put in Contradiction; the Case of a Law

Now

against Murder: laying out of Consideration for a

moment the Unhappiness it prevents to a Person

who without it would be murder'd, his Friends, &

the Community, as likewise at the long run to

the Person who would murder; it is evident it

produces for the present a Quantity of Unhappiness

in the latter person _ the Unhappiness concomitant

on Restraint _ the Unhappiness of being obliged

to give up the Pleasure of satiating the keen

Appetites of Avarice or Revenge.

therefore

How little soever it seems to have been

attended to, whenever therefore a Legislator makes

a Law, he may be perfectly certain he is doing

Mischief

+
1.

C

Of Matrimonial Disturbance.

Matrimonial disturbance or disturbance of conjugal

rights is where a person without lawful cause is concerned in

[(A) Lawful Cause] See Justifications infra

[(B) Concerned] See Tit. [Co-Offenders]

carrying away or detaining or harbouring the wife with or against

her own consent, so it be against the will of her husband: or whether

it be by doing her any personal injury. See the several sorts of

Personal Injuries.

2. If it be by doing any injury to the Wife the Offender will

of course be punished according to the nature of the injury: the Of:

:fence is considered here only upon the footing of an injury to the

husband.

[(D) A Husband] The same Offence with relation to a Wife is

not punished at the suit of the Wife, on account of the subor:

:dination of her condition and the modesty of her Sex.

[(E) Privileges] To wit Conversation and carnal Knowledge.

Punishment

hindring a husband from enjoying the privileges of his condit:

[(C) Hindering] 1. It matters not by what means: whether by

Exposition

(A) (B)

(C) (D) (E)

:ion.
[(E) Farther] If any farther Personal Injury be occasioned, it

constitutes a different offence: to wit an irreparable personal injury,

an Act of unlawful Confinement, an Act of Kidnapping, an Act

of unlawful Homicide, as the case may happen; if it be intended

only and not occasioned, it constitutes an attempt referable to one

or other of these offences. If any farther mischief that is not per:

:sonal be occasioned or intended it constitutes in like man:

:ner a separate offence.

[(F) Danger] to wit of being subjected to bodily pain or unea:

:siness.

[(G) Bound] 1. Every man is bound in such an occasion to

give assistance to any other, if he can give it without any trouble

or inconvenience to himself that is worth regarding.

2. The obligation you are under to assist a fellow creature

is the stronger the greater the danger appears to be which threatens

him and the less trouble it would cost to save him.

3. A man is always punishable for withholding his assis:

:tance on such an occasion, unless when he has a special ground

Of Justification (See Tit. [Justifications]), if his forebearance pro:

:ceed

3

Of Simple Personal Injuries.

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42

Your Lordship with the balm of tranquillity to pour

into his ear.- Cold Bath Fields Prison (Your Lordship

may be pleased to observe to him) is up already:

it is up high in favour: and - what is beyond

every thing, and without which every thing else would

be as nothing - there is no Gospel - propagating Lord-

no friend of the "great person's" to steal up the back

staircase and whisper in his ear -up or not up

the spot is too near me _ it must not be made

use of._

Let him come forward then with his offer.

(_I mean the worthy Magistrate_) It is a yet but

a hypothetical one: - let him convert it into a cate-

-gorical one: accepted or not by the County, he has

nothing to fear from great persons, so long as he

can keep himself from "flattery". _ As to the £400

a Year Your Lordship and he together will be able

to find a use for it: _ it will sever with in a

trifle for a place of Inspector of Prisons; to smell

at the same nosegay with the Inspector of Hulks

who will come on the carpet presently: - it will

serve for otuim cum dignitate to the declared

protegé of the worthy Magistrates, I mean the so

well protected Governor: a personage who, if he does

not do much good to a prison by governing it,

might at any rate not do much harm to it

by inspecting it at a distance._

Another scrape indeed, it must be confessed,

my Lord, and, at first blush blush at least, a still

more serious one, is that which the worthy Magistrate

seems
C

Of Falshoods in general

pernicious consequences; since as far as it extended it would

admit of a man's doing mischief with impunity.

I thought it best to comprehend them under one title; 1st

System of them at a View; by which means the reader may

unnoticed by his own system of Jurisprudence

the better observe what new species I have created or dis=

:tinguished and what others of have left unnoticed that

might and perhaps ought to be created or distinguished

in order to be treated in a different manner from some

The details I have already entered into although

yet in any System of established Jurisprudence are how=

Heterogeneous as the several species of Forgery are

of them in common: 2ly For the sake of exhibiting the whole

Because the only name they are known by belongs to all

been

from which they remain at present undistinguished.

more particular perhaps than any that have been given as

particular

been here

-ever I am satisfied, far from being yet so particular

as they might and aught to be. In the expository part in
confinement any where in England two things require here

to be observed - 1st That it would be no more than the

fulfillment of promises already made: 2nd That being but

being a compliance with the respective laws it is no more

than what used to take place under the do transportation

system- no more than would have taken place had

there never been any such Colony as New South Wales.

Notwithstanding this, there is, it must be confessed, in the

idea of such influx of something that can scarce fail

to strike a sort of horror into every breast that thinks of it.

This terror, so far as it is inspired by reason

and reflection, has two main grounds, which distinguish

the exigency in question from former times. Under the origi-

-nal transportation system, a great part were reformed (I

have stated elsewhere by what causes) of whom again a

great part, perhaps the greatest part, staid abroad: and,

whether reformed or not, those who did return dropped in

gradually, and in small numbers, as their terms expired.

Under Mr Pitt's system, they have been almost without

exception, worse corrupted than before: and, where the

unbending rules of strict justice to be obeyed, the accumulated

corruption of so many years would come pouring into the

country all at once _

Such being the knot, what course can be taken, for

the untying, or even the cutting it?_

Expedients certainly have occurred to me, by which a

a middle course might be pursued, and the sum total of

evil lessened: but, in the present state of things, the labour

of defending, or stating, or even an arguing and maturing them,

would

terror

32
4. That at any rate on the part of his Under Secretary,

Mr King, by whom the letter, containing the manifestation of

these several illegal pretensions was drawn up, the offence

was_not in any degree the result of a bona fide miscon-

-ception or inadvertence _ but, wilful, deliberate, and obstinate: _

the repugnance, between the intentions, as declared in such

letter, and the will of Parliament, as declared in the Acts,

on which those intentions were pretended to be grounded_being

a circumstance, of which, from the first to the last, he Mr

King was fully conscious: and that this criminal conscious-

-ness is, prima facie at least, to be imputed to the Duke _ the

Principal Secretary _ by whom the letter was signed; in as

much as, in that letter, he declares in express terms that he

has "examined" the said Acts _ and that he "understands the

"object of" them. _

That besides these offences against the authority of

Parliament _ by concurring with the Commissioners of the

Treasury and their Secretaries in giving to the party con-

-tracting with the Treasury, by a letter written after many

months deliberation and conference, an authority for making

preparations for an establishment of double the magnitude,

and consequently double the expence, of that which, by the ac-

-ceptance of the original proposal, they stood engaged to give; _

_ such authority being given in the express view, of making

use of such necessary enhancement of expence, as a pretence

for the utter "relinquishment" of the whole concern; _ the said

concern being thereafter relinquished accordingly _ and such

pretence accordingly made use of as a ground and reason

for the relinquishment; _ such enhancement so produced

being

2

Dispensing Power
corrobora characterize these Characteristics.

Five Men were in Discourse, one of whom being

fond of shewing his Learning, happened to use

the Word "corroborate" - "corroborate"? says the

other "what is that?" "corroborate _ aw _

is _ aw _ aw, to corroborate: just now

as if I was to corroborate you, or you was to

corroborate me".

|| A Highway man has robbed me; I see a Friend

well mounted and armed, I shew him which the

him to pursue. He asks me how he is to

know him. O cry I, that's easily done, it's

the Man you are to apprehend. Must not

this be a needs be a Description singularly satisfactory?

Just so much the Reader sees, as to this part of it, in

the Definition in Question.

+ There is a vulgar Tale which serves not amiss to

Road the Highway man has taken, and desire
THEFT.

18

Larceny, or that the Thing is under any intrinsic Incapacity

of becoming the Subject of an Act of that Nature, but only

that if it is stolen, as fairly stolen (if it may be allowed

the Expression) as any Thing whatever can be, [still] the

Punishment for it is not of that Kind which, where

has by the Common Laws

it originally attached bestowed on the Act that

Denomination.

In a Word the Import of the Term Theft with

it's Conjugates above mentioned is coextensive with

the Moral Idea: Larceny with the Legal.

This Distinction is far from being steadily

observed: Writers every now & then stretching the

Import of the Word Larceny to a Synonimity with

hence it is that

Theft; by which means Things are brought to that

pass, that now persons discoursing of a proposed Act

might say, the one that it was, the other that it was

not Larceny, both having the same Meaning. _ It is

in Order to avoid this Confusion that I give this Notice

once for all, that if I use this technical Term in my

own person I use it not in Concurrence with, but in

Contradistinction to the other.

The

-so ever

ever
13

Art. 17. in case of escape the said Jeremy Bentham and

his said successors shall respectively be made Deb-

-tors in their quarterly account to the amount of

£50 for every instance of such escape, irresistible

violence from without excepted : provided that they

shall respectively be made Creditors to the like a-

-mount in case of recapture.

Art. 18. The life of each prisoner is to be insured by

the said Jeremy Bentham and his Successors at

the rate of £100 a head for a proportionable pre-

-mium to be paid by the said Lords Commissi-

-oners and their Successors as follows. A compu-

-tation shall be formed of the number of deaths

that may be expected to take place among the pri-

-soners in the course of each year out of the

said number of a thousand prisoners living at

the standard the total of deaths at the end of a

year to that of persons living at the commence-

-ment of the said year according to the London

Bills of Mortality, and the calculations thereon

grounded by the late Revd Dr Price. Such com-

-putation being made, the said Jeremy Bentham

and his Successors shall at the end of each

the commencement of such year, taking for

annual proportion of the sum

year

on the part of the said Jeremy Bentham or his

said Successors with power to appoint an umpire. _
12

in the way of Medicine.

Art.12. A Chaplain, being a clergyman of the

Church of England, shall be provided who in person

or by occasional Deputy shall be constantly living in

the midst of the prisoners , and keeping the whole

assemblage of them under his eye.

Art 13. So in like manner a Surgeon under whose

care a sufficient quantity of all proper medicines shall

be administered.

Art. 14. Schoolmasters in sufficient number shall be

provided , by whom instruction shall be administered

at least on Sundays during the intervals of meals

and Divine Service in reading writing & arith-

-metic to as many of the Prisoners as shall be

found to stand in need thereof

Art. 15. Each prisoner shall be allowed a share of

his earnings to the amount of not less than one

fourth part of the fair value thereof _

Art.16. A portion of such share (but unless with

the prisoners consent not greater than the half

thereof) shall be laid up to serve under the

management of the said Jeremy Bentham and

his Successors as a fund for a Superannuation

Annuity for the life of such Prisoner the com

-mencement and amount thereof to be deter-

-mined by two refeurees to be named one on the part

of his Majesty by the said Lords Commissioners the other

on

said
According to the account given by Captain Collins in the

same paragraph, at the very time of giving this assurance, the

intention was that it should not be fulfilled. For now it was

that "it was understood" (now for the first time, as already observed)

"that a clause was to be inserted in all future contracts for

"shipping for this country, subjecting the masters to certain

"penalties, on certificates being received of their having brought

"away any Convicts or other persons from the settlement without

"the Governor's permission: and as it was not probable that many

"of them would, on their return, refrain from the vices, or avoid

"the society, of those companions who had been the causes of their

"transportation to this country, not many could hope to obtain the

"sanction of the governor for their return". _ A promise was thus

given to all - and this at the very time when it was understood_

understood, not by those who received it, but only by those who

gave it, that "not many" would ever receive the benefit of it. _

No wonder: since in the bosom of the Governor there was this

dilemma for every one: _ you a bad man ? _ you would do mis-

-chief elsewhere: are you a good man? _ we can't spare you. It

was by this last horn of the syllogism, that Bloodsworth was

hung up _ the good Convict mentioned in No..3. "As his loss

"would be severely felt should he quit it" (the Colony)" while in

hi "its infancy" therefore it was that he received what is

called his freedom _ viz: an obligation to work for two years,

having for his recompence the not being starved. _

To say nothing of the perfidy _ the wanton useless perfidy _

there is in this business a sort of inconsistency which to me

is most perfectly inexplicable. If guided by his own untutored &

are

uncorrupted sense of justice, the Governor had set out with this

exhilerating

17

N. S. Wales
brain.

From this review then it appears, that

in paving the way to the consideration of

municipal Law, our Author has spent

supposed

much time in explaining the nature &

Properties of Laws which do not exist &

in misapplying those which do: & therefore,

that the best thing which a Student of the

Law can do is to forget all that our Author

has hitherto advanced.

25 73
11

Bentham and his said successors as a fund for a Superannuation

Annuity for the life of such Prisoner, the commencement and

amount thereof to be determined by two referees, to be

named the one on the part of his Majesty by the said

Lords Commissioners, the other by the said Jeremy

Bentham or his said Successors, with power to ap-

-point an umpire.

Art. 17. In case of escape the said Jeremy Bentham &

his said Successors shall respectively be made Debtors in their

quarterly account to the amount of £50 for every instance of

such escape, irresistible violence from without excepted: provided

that they shall be made Creditors to the like amount in case of

recapture within the term of six months.

Art. 18. The life of each Prisoner is to be insured by the

said Jeremy Bentham and his Successors at the rate of £100

a head for a proportionable premium to be paid by the said

Lords Commissioners and their Successors as follows. A

computation shall be formed of the number of deaths that may

be expected to take place among the Prisoners in the course of

each year out of the said number of a thousand prisoners

living at the commencement of such year, taking for the

standard the annual proportion of the sum total of deaths

at the end of a year to that of persons living at the com-

-mencement of the said year, according to the London Bills

of Mortality, and the calculations therein grounded by the late

Revd. Dr. Price. Such computation being made, the said

Jeremy Bentham and his Successors shall at the end of

each year be on the one hand be made Creditors to the

amount
For a new and less expensive mode

of

employing & reforming Convicts

The author, having turned his thoughts to the

Penitentiary system from its first origin, and having

lately contrived a building in which any number of

persons may be kept within the reach of being

inspected during every moment of their lives,

and having made out as he flatters himself to

demonstration, that the only eligible mode of

managing an establishment of such a nature,

in a building of such a construction would be by

contract, has been induced to make public the

following proposal for maintaining & employ-

-ing Convicts in general, or such of them as

would otherwise be confined on board the Hulks,

for 25 per Cent less than it costs Government to

maintain them there at present; deducting also

the average value of the work at present perform

-ed by them for Government: upon the terms of

his receiving the produce of their labour, taking

upon himself the whole expence of building, with

-out and advance to be made by Government for

that purpose, requiring only that the abatement

and deduction abovementioned shall be suspended for

the first year.

Upon

Proposal

17 March 1792
In fact there are few, if any, Laws but what are

both kept and broken _ kept by some & broken by others:

the Unhappiness produced by it therefore a mixt Mass

flowing from both these sources.

i.e. creating a new Obligation or enforcing an old

one by a new penalty.

is
6

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Of Irreparable Personal Injuries.

[(B) Concerned] See Tit: of Associates in Delinquency.

may make it appear plainly that there was a fixed and

full intention of producing the very mischief eventually

produced. As if the party injured were at the time of

the injury incapable of making resistance insomuch that

the offender committed the injury at his leisure.

Or, if the circumstances of the party injured were

such as gave him an interest which no other injury

but that which eventually took place would accomplish:

as if the man disabled or mutilated were one to whom

on failure of issue the offender stood next in succession

with respect to an Estate; and the organs extirpated or

disabled were any of the parts necessary to generation:

or

[Co-offenders]

Instructions to the Judge.

Direct

[(C) Intention] There are several circumstances that

2

3

4
as aforesaid shall remain and continue in such legal representatives

or persons intitled to take out Administation as aforesaid:

And all such allowances as under the terms of this agreement

were made or to have been made to such Survivor, for or on account

of the maintenance of the said Establishment, shall during the

same period continue to be made unto the person or persons so

seized and possessed as aforesaid: the value of such Buildings

Improvements and Stock to be settled by two referees, one to be

appointed by the Lords Commissioners of the Treasury or their

Successors the other by the person or persons so seized and pos-

-ssessed or intitled so to be as aforesaid, with power to appoint

an umpire.

17
6.

6

Of Injuries to the Liberty of Loco-Motion

C

affecting

Of Unlawful Confinement.

2. _ Of taking pleasurable exercises that require an un=

:confined space; such as riding on horseback or in a car=

3. _ Of exercising any function of Magistracy of which

the exercise is limited to a certain place, or any public

:ticular place, such as Races, Plays, Concerts, Balls, &c.

of taking pleasure.

6. _ Of taking journies which may occasionally become

requisite for the purpose of preserving Health; for in=

:stance for the benefit of sea-bathing or drinking wa=

:ters: of an air more pure than common; or of particular

Privation or

:ness for a livelyhood.

8. _ Of putting one's self in the way of accidental opportu-=

:nities

such and such

or private trust.

4._ Of partaking of public diversions attached to a par=

5. _ Of putting one's self in the way of chance opportunities

medical advice.

:riage; hunting, shooting, playing at games of Exercise.

7. On abridgement of the Liberty of carrying on busi=
7th. To give them an interest in their work by

allowing them a share of the produce.

8th. To conver the prison into a school, and by

an extended application of the principle of the

Sunday Schools, to return its inhabitants into the

world, instructed, at least as well as in ordinary

schools, in the common and most useful branches

of vulgar learning, as well as in some trade or

occupation, whereby they may afterwards earn their

livelihood. Extraordinary culture of extraordinary

talents is not in this point of view worth mentioning

it would be for his own advantage to give them every

instruction by which the value of their labour might

be increased.

9th. To pay a penal sum for every escape, with or with-

-out any default of his, irresistible violence from

without excepted.

10th To provide them with spiritual & medical assis-

-tants constantly living in the midst of them, and

incessantly keeping them in view.

11th. To pay a sum of money for every one who dies

under his care, taking thereby upon him the insu-

-rance of their lives for an ordinary premium: and

that at a rate grounded on an average of the

number of deaths, not among imprisoned felons,

but among persons of the same ages in a state

of liberty within the Bills of Mortality. 12th To

3