SSamDav/icdar-htr-competition-2015 huggingface dataset:
11

the whole produce and profit of their labour, and the

same to retain subject only to the allowances to be

made to such prisoners in manner herein after

mentioned.

Art.7. Each Prisoner shall be supplied every day

with wholesome food, as much as he shall choose:

but the quality in other respects is expressly reser-

-ved to the choice of the said Jeremy Bentham and

his Successors as a means of engaging the said Pri-

-soners without the spur of corporal severities to set

their hands to labour.

Art.8. Each prisoner shall be kept properly clo thed,

and to that purpose shall be supplied at least once a

year with a compleat suit of such cloaths as shall

be allotted, and with a clean shirt at least twice in

every week.

Art.9. Each prisoner shall be constantly suppli-

-ed with a separate bed and bedding of sufficient

warmth, and kept in a state of constant cleanliness

clean sheeting or blanketing being supplied to each

at least once in every month.

Art.10. The Prison shall at all proper seasons

and in ever part thereof be sufficiently warmed &

lighted.

Art.11. No prisoner shall be suffered to have access

to any kind of spirituous or fermented liquor, except

in as far as the same shall have been prescribed

in

a
THEFT

42

common Sense & not of Law to say, if this was a

carrying away & not a taking, what a taking was; and

be apt to say, no; take them he did, but he was

seized before he could carry them away. |||

On the negative side I find neither

Decision nor Opinion.

I have drawn the Line of Consummation

at this stage of the guilty Process, because 'twas at

this that I thought it would be most <gap/> conspicuous

and least liable to Controversy. If not, let there be

supposed some Period posterior to and distinct from the

"taking" and let it be called the "carrying away" #

Now carrying away must be from some place

to some other: but to settle the explanatory Aphorisms

the Limits between these two Places in every Case that

might occur would lead into endless Difficulties and

Disenssions; and to leave it to the Jury in every

Case without any such Direction would induce great

Fluctuation of in & Uncertainty in the Decisions

when

that such an one if asked in any of these Cases,

Did the Thief carry

Is the Man carrying the Goods away? would either

by
80

THEFT

the aforesaid animus furandi as a characteristic

of which by their frequent Use of it, Lawyers

seem to make no small account_ animus

furandi is the Will, Design, Intention, call it

which you please, to steal: stealing therefore

we learn is taking with the will to steal; alias

stealing is wilful stealing: and what is

wilful stealing? why it is wilful stealing #

2.dly The word "taking" we are told implies

the Consent of the owner to be wanting. ||

It is not true that the word "taking"

implies any such Thing. The ordinary

Conceptions concerning the Offence of Men

untutored by vitious Definitions imply as much:

but the word "taking" implies nothing about the

matter.

3.dly We are further told "there must not only

be a taking but a carrying away", # acts it

should seem therefore mighty easily distinguishable

_how easily, we have seen above.

4.thly We are told that "this felonious taking &

in

carrying

# it
Before any instructitions were received for stopping

any body those who had no right to depart or those who

had a right _ those who had a right as well as those

who had none, flogged, on their attempting to go, as well

as stopped. But when the authority came for stopping

eve every body then came the general promise to those

who had a right to depart giving the liberty of

departure to all accompanied with a secret intention of

refusing it to all but a few, then came the general

promise to stop nobody I mean of those who had any

right to go accompanied with a determination to

stop all but a few favorites. The difference was that

now after receipt of the authority for stopping them

though most who either asked leave or without asking

attempted to get away were stopped yet it does not

appear that any more were flogged for it. But if

even the number of them whose right of departure had

revived had accumulated to its greatest multitude

there was no end of flogging to prevent the exercise

of it it shews how far any such illegal punishment

was from being necessary even to this illegal purpose

when there were so few of these that is when it

was inflicted _

were
6.

C

Of Semi-public Offences in General.

principal ones seem to be such as are derived from the sources follow=

3. Mischief by Infants, Idiots and Maniacs.

4. Ravages of noxious Animals.

5. Collapsion, i.e. the fall of Buildings or other large masses of

matter artificial or natural.

6. Inundation or Submersion.

7. Tempest.

9. Conflagration.

10. Explosion.

In classing these calamities the division of crimes will not be of

any great use. It is obvious that they can none of them have any ef=

=fect on the reputation of any individual: nor yet upon his condition,

any otherwise than by the physical mischief they may bring on u=

in question may betherefore

:mities

Of the calamities which a Neighbourhood may be exposed to, the

1. Pestilence or Contagion.

2. Famine and other kinds of Scarcity.

down

the condition is constituted. It is only on person or property that cala=

=ing:

8. Blight

=pon the person or property of that party by his relation to whom

that method of living which is resorted to for the sake of guarding one's

self against a disease of any kind before it appears.

the medical sciences. The prophylactic regimen is employed to signify

Note.
proved from any other motive than that of avoiding the trouble

of giving his assistance; for instance, from malice, wantonness,

or lucre.

[(H) Forbears] As if a man being asleep by the fire-side his

cloathes take fire; and You instead of endeavouring to put it

out , sit still and look at him.

Punishment.

For a Simple Personal Injury the Offender's Punish:

:ment shall be as follows

1. He may be fined

2. He may be imprisoned.

3. He may be bound to his good Behaviour.

4. He may be banished the presence of the party injured

for a certain time.

4

c

Of Simple Personal Injuries.
2

Ch. Shewing how a Lawyer [while he]

keeps his own Head above Water may drown those that

follow him. _ _ _ _ _ _

I am a Country Clergyman _ I wish to

have some Acquaintance with the Laws under which

I live. I hear from all with whom I converse that that there

is a Book by the Help of which I may compass it

with a pleasure which can only be surpassed by

the Solidity of the Instruction. I ask whether I may

lay my Account with understanding it? For Law-

-yers having by Dint of Toil arrived at the Understand-

-ing of the Current Language of their Profession, are

too apt to suppose the same of others, who have

had something else to mind. I am answered in

the work being

the affirmative; for that it was peculiarly calculated

for the Instruction of such Persons as have no more

that there are four hundred: but so much however

as it does contain may be depended upon for true _

I

quarters of

than that share of preliminary Knowledge which

I am told

I flatter myself to possess. It contains not indeed, the

whole Law _ for of this there are but 4 Volumes and of

that

ing
This End may be said to be answer'd in an ordi-

-nary degree when the examples of obedience

are more numerous than those of disobedience,

& those of disobedience unpunished less so than

those of disobedience punished. But the propor-

-tions must vary in different crimes.
1.

C

Of Rape.

Rape is where a man has carnal knowledge of a person not

[(A) Man] Si famina masculaum ipso invito faminam ai carnali:

:ter nouisset non est delictum de quo agitur. See [Lascivious Assaults]

[(B) Carnal knowledge] Carnalis notilia duobus absolvitur: penetra=

[(C) Consenting] 1. The party is to be deemed to have consented

if he or she omitted doing any thing that was in his or her power

to do towards defeating the attempt by struggling or calling for

Assistance.

2. But non-resistance is no consent if the party were stu-

:pified by drugs or in a swoon.

3. Nor if they were under illegal confinement at the time:

having been taken or detained by force or fraud for the pur=

:pose of extorting her consent.

Punishment

For Rape the offender's punishment shall be as follows:

1. He may be banished the presence of the person ravished as

also of any friend or friends of that person for a time or forever.

1.

(A) (B)

consenting .

(C)

Exposition

:tione et emissione.

she

2.
S. 3. Functions.

Art. 1. The functions exercised by Quasi-Jurors

are as follows._

1. Exercised by each of them in his individual

capacity are, as per Ch. XI. S. 1. the auditive, 2. the

lective; 3. the inspective; 4 the interrogative: 5. the

commentative.

Art. 2. Exercised by them no otherwise, than in a

body are. 1. the apinative, 2 the appeal licensing.

Art. 3. Shared with the Judge by the Quasi Ju-

ry in a body is the apinative: not shared with him

is the imperative.

Art. 4. I. Auditive function. In the exercise of

this function they have at the same time with the

Judge, the hearing of such discourses, as being utter

ed in the Judicial theatre, are capable of contri-

-buting in the character of grounds of decision to

him.

the formation of the several decrees pronounced by

Art. 5. So not only all such discourses of the

Judge as are in a direct way addressed to them,

but moreover, all such as are addressed by him,

on

(1

6
44

few drops from it to save this worthy gentleman.

If it be in the power of virtue to give a claim to

mercy, has he not virtue to comm command it?

This faith, his hope, his charity, do they not all

center in great persons?

Speak to him then, my Lord, once more: _

say to him any thing that will make him easy.

Show him how right and wrong depend upon existing

circumstances: _ whisper to him that all this Ma-

-chiavelism for throwing prisoners upon Counties

was a mere make-believe: satisfy him that nothing

can be a matter of more profound indifference to

any body than it is to great persons in what Jal

Jail, or Hulk, or improved Colony, and in what numbers,

human creatures starve or poison one another, so that

there be not a "Panopticon for them to be sent to": _

remind him, that in the place he has in view, no

offence can, by any Jail or number of Jails, improved

or unimproved, be ever given to Noble Lords, whose

veto, when they are pleased to pronounce it, is so

fatal to Acts of Parliament: _ assure him, that neither

by the great person, nor by any other, is the purse

ever taken out of the hands of Parliament, unless for

a particular purpose, and to oblige a friend: certify

to him, that measures of this sort are disposed of, mo-

-ment after moment, sometimes upon one principle,

sometimes upon opposite principles, as the cove

convenience of each moment presents them to great

minds: explain to him, that when persons are approved of,

& the purpose of the moment is to be seve served;

there
5.

C

Of Polygamy.

heavier degree as for Adultery.

If a married Woman commit Polygamy with a single

in a heavier degree as for Adultery.

If a married Man and a married Woman commit

Polygamy together they shall be punished in a heavier degree

as for double Adultery.

Observations.

the deluded Woman, or her fortune. It is a compound as it were

of two other crimes, Seduction and <gap/> The mischief of it

stand

however does not perfectly and necessarily upon a par with

that of either of those crimes.

the Woman by Polygamy is not so great as that which is brought

upon her by Seduction. Her chastity remains unstained. She

has been unfortunate but not culpable. She has parted indeed

with that treasure which can never be regained; but it was

under

man, he not knowing her to be married, she shall be punished

Polygamy on the part of the Man is an aggravated

species of fraud. This Fraud may have two Objects; the person of

Defraudment

First with regard to Seduction. The disgrace brought upon
self preservation for an excuse. The Englishman, who I suppose

is not to be called a tyrant _ the Englishman, then, and

his accomplices, in what subterfuge will they find so much

as the shadow of an excuse?

The French nation, and the whole civilized world in

sympathy with it, cried shame upon the monster with five

heads! What will it now say of the single head, that orga-

-nized this tenfold tyranny? _

Such is the crime a sample at least of the crimes _

of William Pitt. His successors, not daring to be innocent

where he is guilty, choose rather to be accomplices than

avengers, or so much as disapprovers of his misdeeds. And

this conspiracy of present power with ill-earned influence for

the distruction law and justice _ this audacity _ the offspring

of pusillammity covers itself with the mask of respect and

gratitude. _

But would you then have had these living nuisances

turned loose again to prey upon the community _ upon a

community from which they had so justly and so necessarily

been expelled? _ Corrupted, as you yourself alledge _ corrupted

as they have been by the very discipline which should

have reformed them _ would you have the Country receive

a second time all poison into her bosom? _ After all

this outcry about illegality, and perfidy and oppression - is

thenis then after all the real aim and practical conclusion

at the bottom of it? _

My Lord the difficulty cannot stand more fully

expressed in any eye than it does in mine. To mine, it is

indeed

The French tyrants if they had no justification had at least

of

30
8

CH ... Of LAWS in general _ Measure of their expediency.

Such, perhaps, may by some be conceived to be the less

atrocious Laws of France against Acts of the same

Nature.

3. Where the Act prohibited is such as would not

produce Unhappiness in the Community, but the

Penalty is not ordinarily inflicted.

Such as a Statute of the Time of our Hen. 8 [25

H. 8. C. 13] making it penal to keep above 2000 Sheep.

4. Where the Act prohibited is such as would produce

Unhappiness in the Community but less than that

produced by the Penalty annexed to it by the Law in

Question when inflicted in such Manner as to answer

the End in ordinary Degree of preventing it.

Such I conceive to be a Statute of Queen Elizabeth,

making it Death for a Person to associate for a Month

together with the People called Gypsies.

5. Where the Act prohibited is such as would produce

Unhappiness in the Community but less than that

produced by any Penalty that could be assigned when

inflicted in such a Manner as to answer the End in an

ordinary Degree of preventing it.

Such I conceive to be the Laws against swearing. In

offences
(a)The distinction is material: for as fixed income comes

in in masses at the beginning of a period and professional &c

income in driblets day by day during the course of the same

period it will be found in calculation that on equal annual

amounts there will be twice as much to dispose of in any such

way as that in question in the former case as in the latter.

Note

38