SSamDav/icdar-htr-competition-2015 huggingface dataset:
4.

Of Excuses Extenuations

have occasioned a man by striking him; and it appears that

you had no particular intention of striking him: but yet

that he was close to you; insomuch that, had you but looked

round to observe whether any person was in the way, you

must have seen him; it will appear that your striking him

was an act of heedlessness. But this will not appear to

be the case if at the time of your beginning to move your

arm he was out of your reach and was bought within it

unexpectedly and by accident, for instance by a shove from

another person; or in a street upon his starting aside to

by throwing water out of a window into a frequented street

were to splash a man or scald him: or if a horseman by

riding full gallop in a crowded street were to beat a man

down; or if a coachman by turning a corner furiously were

to drive over a man. These acts are all of them such as in ge=

:neral to be deemed acts of needlessness.

danger would appear to a person of ordinary prudence; in case of

a man's engaging in the act in question in the circumstances

number

multitude

avoid being trampled upon by a horse . So if a housemaid

[(B) Degree] 1. The degree of heedlessness is the greater the

2. The greatness of the danger will depend upon a great

run over by a carriage

are

the greater,

in question.
4

as materials for the said intended Building as well as

of divers articles necessary for the maintenance of the said

establishment, the expence of which maintenance for

the first year was included in the said estimate of

£27,000, may by the circumstances of the times be found

to have undergone a considerable enhancement; in conse-

-quence whereof the effective power of the said proposed

partial allowance of £27,000 as well of the said Proposer's

private stock destined to have been added thereto is though

nominally the same, become in effect so much the less

and proportionably insufficient for the said intended pur-

-poses And Whereas in praticular the price of bricks

hath within the said period undergone an enhancement

by means of a duty thereon imposed by Parliament,

to wit by an Act of the 28th of March 1794 Ch.15, as also

the price of Glass by an Act of the

1794 Ch. 37. _ And Whereas the delay from whence such

encrease of charge hath accrued hath not happened through

any default on the part of the said Proposer Now there-

-fore it is hereby farther agreed that the said Jeremy

Bentham and his Representatives shall at any time

and so from time to time be at liberty to deliver in an

account of all or any such articles expended either in qua-

-lity of materials used in the construction of the said Build-

-ing and its appurtenances, or in quality of provisions

or other necessaries for the Prisoners actually consumed within

the said year together with the times at which they were re-

-spectively contracted for, accompanied with a comparative

statement of the prices at the two periods in question &

the amount of the enhancement upon each: such account

to be accompanied by proper vouchers for the proof as well of

the
3

Of Theft or Stealing.

C

agreement made concerning it, as a piece of gold or silver; or con:

:ventional only, that is whether it derives its value only from

agreement: as a piece of paper containing a promise to deliver

to any one so much gold or silver.

4. It matters not whether the Value of it be intrinsic; that is

whether it be valuable in itself, as a piece of gold or silver: or re:

presentative only: that is whether it be valuable only as a means

of procuring something that is of intrinsic Value; as the Stick

or piece of Paper above-mentioned.

5. It matters not whether it be valuable to an Individual,

as an article of Food or Cloathing; or a written Paper or other In:

:strument which might contribute to exempt him from a burthen

or a punishment; or to the State only as an Instrument which

might contribute to the subjecting an Individual to a burthen

or a punishment.

[(E) Worth regarding] The value of a thing may be deemed not

worth regarding, if it be such a sort of thing as it is to be presum:

:ed that a person of common humanity and civility would give to a:

:ny one who should ask him and be at the trouble of taking it. As

a
There remains the relieving my character from the official imputations already

complained of: but, if the above restitutio in integrum be performed, the imputations drop of course.

In a letter, which can hardly be a secret to you, I mentioned Mr Nepean

as a Gentleman who knows the whole of the business from the commencement

of it to the last stage: who knows a great deal about it that by considerations of

delicacy and propriety he has been restrained from communicating to me, but

who to you (I am satisfied) would communicate every thing that could be of use.

If, from any cause, it should have happened that you have not yet

turned the matter in your thoughts, you will, at any rate, I flatter myself,

have the goodness to say something to me by which my expectations in regard

to time may in some measure be directed. _ I have the honour to be &c _

No 83 Mr. Vansittart to Mr Bentham

(Copy)

Dear Sir Blackheath 10 Septr. 1801_

I must apologize for my inattention in neglecting to acknowledge

the receipt of your large packet respecting .... I cannot however accuse

myself of having misused, an interval of leisure; for, Mr H. A. having

been absent till within these two days, I have had the whole routine of

office to attend to, which has nearly made up for the cessation of

Parliamentary business.

With respect to your Convict plan, I have not yet had an op-

-portunity of consulting with Lord Pelham, on whose decision the business

must principally turn._

I am &c _

No 15
17 5

Of Simple Merchantile Defraudment

more advantages than it were to be wished it had over indi:

:gent merit: and an artificial arrangement of this sort would

add to the natural incitements which urge a man from all

quarters to seek the acquirement of wealth by dishonesty

and other unworthy means. As to the affections of the peo:

less numerous class over the more numerous will na:

real: for a man in responsible circumstances may probably

in point of fact suffer as much by being deprived of part

of his property, considering the share of reputation that

goes along with it, as a man in irresponsible circumstances

:nishment: and if both were to undergo the same corporal

punishment, the punishment, that is the suffering, though

:ter.] But this distinction , however real, is too subtle to be gene:

The difference, it is true, is rather apparent than

would be by being made to undergo a severe corporal pu:

nominally [the same ] would in reality be much greater to the lat:

:rally

:ple, so striking and oppressive a preference given to the

:turally be but ill relished by the latter.

equal, very much the reverse.

C
Persons who (one might almost venture to affirm)

never saw the inside of a prison in their whole

lives _ persons by much too high to have ever

bestowed upon any such low object any thing

that call be called a thought _ persons who are

as much at home in "improved" prisons as

they are in "improved" colonies _ it is by such

lovers of improvements, and by the lovers of

such improvements, that the penitentiary system

in its most improved form has been consigned

to "relinquishment", and the authority that pre-

-scribed it to contempt. _

intention,

It was not my original , my Lord, to have

attempted giving Your Lordship on the present

occasion any trouble on the subject of the official

letter, to which the plan thus alluded to has

been consigned: but, having gone thus far, it is

becomes se necessary for me I fear to transcribe

a part of it at least, on pain of seeing the above

statement exposed to the suspicion of being ground-

-less, and perhaps as to the charge of being un-

-intelligible. The letter then to which the deter-

-mination in question, or at any rate the ex-

-pression of it was consigned, bears date the

14th of October 1799: Signature that of the Duke of

Portland, at that time filling the high office Your

Lordship

22

Letter 3d
46

Theft Embezzlement and Fraudulent obtainment

there is no difference in the punishment. It will easily

therefore be censured that they will be apt to

that difficulty in proportion as the punishment is

more severe

C
but if when convicted, and called upon,

he submits quietly to be hanged: he is, therefore

according to our Author's principles,

a good Citizen: for he too has embraced

one of the Alternatives of oproposed by the law.

Will our author stand to this conclusion?

or can he prove it to be unfairly drawn?

[Let us try this argument in another case.

bring

[To import goods from France to England:

to use them: to sell them: to barter them,

without advising any one there of is sure-

ly not malum in se, but malum pro-

hibitum merely: for, if the laws of the

being

land

91
-sary for the maintenance of the said Establishment the

expence of which maintenance for the first year was included in

the said estimate of £27,000 may by the cirumstances of the

times be found to have undergone a considerable enhancement

in consequence whereof the effective power of the said proposed

partial allowance of £27,000 as of the said Proposer's private

stock destined to have been added thereto is though nominally the

same, become in effect so much the less and proportionably insufficient

for the said intended purposes And Whereas in parti-

-cular the price of Bricks hath within the said period undergone

an enhancement by means of a duty thereon imposed by Parli-

-ament, to wit by an Act of the 20th of March 1794 Ch.15 as also

the price of Glass by an Act of the 1794 Ch.37 And

Whereas the delay from whence such encrease of charge hath accrued

hath not happened through any default on the part of the said

Proposer Now therefore it is hereby farther agreed that the said

Jeremy Bentham and his Representatives shall at any time and

so from time to time be at liberty to deliver in an account of all

or any such articles expended either in quality of materials used

in the construction of the said Building and its appurtenances

or in quality of provisions or other necessaries for the Prisoners

actually consumed within the said period of a year together with

the times at which they were respectively contracted for, accompa-

-nied with a comparative statement of the prices at the two periods

in question , and the amount of the enhancement upon each such

amount to be accompanied by proper vouchers for the proof as well

of the actual price and expenditure at the said later period as of

the fair or current price of the like articles at the said former

period, whereupon he the said Jeremy Bentham shall be intitled

to

5
Extract from Mr Ford's "Observations upon

"a Contract between the Lords of the Treasury

"and Jer. Bentham Esq: for building a

"Penitentiary House &c" _ being his Observa-

-tion on Art. 22 - relative to the satisfaction

to be made to Mr Bentham's Representatives.

_ together with Mr Bentham's answer.

As this Article now stands, after the decease

of Mr B. & his Successor, Government are to

pay Mr B's Representatives for all the Buildings,

Stock, &c upon the premises, notwithstanding

15

Government supply a large sum, viz: £13 ,000

towards such Building on the commencement of

the undertaking, and eventually a much larger

sum, by paying him £18 for every person

committed to his care, above the stipulated number

of 1000, for the express purpose of providing an

habitation and enlarging his premises. This ap-

-pears much too hard upon Government, and it

would be fairer to let that matter be referred to

Arbitrators, one to be chosen by Government,

the other by Mr B's Representatives, with

power for them to choose an Umpire in case

of a variance in Opinion. Such Arbitrators

to

Panopticon
parties whether or no Quasi-Trial shall have

place: if any one says yes, he appoints day &

hour: earlier or ulterior time, if applied for, are

granted by him or refused: if Quasi Trial be

not applied for, the provisional decrees, from

provisional, become absolute.

Art. 8. The Quasi Trial is performed at

one Sitting or if more be necessary at divers sittings:

but unless for special and extraordinary reason as-

-signed, it is gone through at one sitting, unless

the whole time employable at that one Sitting

has been consumed before the suit has thus been

rendered ripe for definitive decrees.

Art. 9. At this recapitulatory examination

no evidence is receivable, that was not exhibited

in the course of the original examination.

Art. 10. At this Quasi Trial may be re-

-argued and reconsidered or for the first time ar-

gued and considered, the question of law.

Art. 11. The incidental occasional on

which a hearing before a Quasi Jury has place

are those on which Appeal for Quasi misdecision

may

(3

3
6

extension of the Colony Plan, or adoption of some

other mode of disposing of Convicts) perhaps not above

100 are received into this £100,000 House. What is

the consequence? that for each Convict House rent

alone (£5000 at 5 per Cent) comes to £50 a year.

On Mr Bentham's plan it comes to £9 a year, and

that for two years only.

A plain proof that all idea of refunding was

out of the question, or rather that it was perfectly

understood that nothing should be refunded, is, that

Mr Bentham was, for months together, with the

privit of Government and at the recommendation of

Government, in treaty on his own account with the

Proprietors for the purchase of the Land: Government

having agreed to advance the purchase money in that

case to Mr Bentham for a short time. The Pro-

-prietors not complying; an Act of Parliament for

this and other purposes was thought necessary: and

upon that occasion it was, that it was notified to

Mr Bentham, as the determination of Government,

that the Ground should be purchased, not on Mr

Bentham's account, but on the account of Government:

but that due satisfaction should be made to Mr

Bentham and his Representatives. No reason was

assigned for this departure: Mr Bentham's consent to it

was not called for: it was not given: he was not heard

upon
gardens belonging and adjoining to four several cotta-

-ges or tenements now in the several occupations of

William Cripps, William Bradford, William Newman

James Meredith, and Robert Jones; and also of all

that other piece or parcel of Garden Ground in the

occupation of Elizabeth Wood, containing by admeasure-

-ment, eighteen acres and eight perches, be the same

more or less, bounded on the North by lands in the

occupation of the said Robert Moseley, on the East

by lands in the occupation of Edward Wellers,and

the said Thomas Rhodes, on the South by lands

in the occupation of the said Robert Moseley,

and on the West by the said road leading to

and from Battersea; and also of all those three

pieces or parcels of meadow and pasture ground in

the occupation of the said Edward Wellers, contain-

-ing together, by admeasurement, seven acres two

roods and fourteen perches, be the same more or

less, bounded on the West in part by lands in the

occupation of the said Robert Moseley, on the

North & North East in part by the said road lead-

-ing to and from Battersea, and in other parts there-

-of by a Common Field called Brumlands, in

the occupation of Fears and others,

on the East by the said road leading to and from

Battersea, on the South by lands in the occupation

of the said Thomas Rhodes and Elizabeth Wood,

and on the West by lands in the occupation of the

said

4
P. 268. October 1799. "The scarcity of wheat at this time

"in the public stores rendering it necessary to deduct two pounds

"from the twelve which were issued, addition was made to the

"weekly allowance of salt meat, eight pounds and a half of beef

"being issued in lieu of five, and five pounds of port in lieu

"of three. This alteration was to continue until the new crops

"came in. _

"Then wearing at present a very promising app appearance,

"and the various and unforeseen misfortunes which had from time

"to time attended the exertions of the industrious in agriculture,

"being, it was hoped, now at an end, the governor, conceiving it

"to be no longer consistent with his duty to continue the original

"prices of grain, directed in future that the following should be

"given, viz.

"For wheat, per bushel _ _ 8 shillings.

"For the present barley, do. _ _ 6 ditto.

"And for maize, do. _ _ _ 4 ditto.

"which prices were to commence on the first day of January

"1800.

"The scarcity of wheat in the public store was occasioned

"by the unbounded extravagance of the labouring people, who had,

"in consequence of the last unproductive season, reduced those

"who supported themselves to very great distress; and several

"persons, who sometime since would gladly have sent their wheat

"to the store at the established price, had now refused it, when

"the store was capable of receiving it; and, taking advantage of

"the scarcity which they themselves had occasioned, had raised the

"p price of wheat £1..10s per bushel; a shameful extortion!"

4
P.27 - March 1797. "However unpleasant it was to the governor, that

"the lives of so many of these people should have been taken, no other

"course could possibly be pursued; for it was their custom, when

"they found themselves more numerous and better armed than

"the white people, to demand with insolence whatever they wanted; and,

"if refused, to have recourse to murder. This check, it was hoped,

"would have a good effect; and presumably, who had received seven

"buck shots in his head and different parts of his body, was taken

"extremely ill to the hospital. This man was first known in the

"settlement by the murder of John McIntire in the year 1790;

"since which he had been a most active enemy to the settlers,

"plundering them of their property, and endangering their personal

"safety".

P.31 - April 1797. The natives at the Hawkesbury were at this

"time very troublesome, burning a dwelling house and a stack

"of wheat belonging to a settler there, after having plundered him

P.32 - . Pemulwuy ... saw and spoke with one of the gentlemen

"of the party; enquiring of him whether the governor was

angry, "and seemed pleased at being told that he was not: not-

-"withstanding which, there could be but little doubt, that this

"savage brutal dispostion would manifest itself whenever excited

by the appearance of an unarmed man".

P.33 - May 1797. "Notwithstanding the example which had lately

"been made of the natives, they were exceedingly troublesome to the

"settlers in Lane-Cove, burning a house and felling some hogs belong-

-"ing to one of them. This was certainly committing a wanton injury;

"for neither the burnt house, nor the slaughtered animals, which

"they left on the spot, could be of any benefit to them. At

Kissing Point, another district, they dangerously wounded a

"settler & his wife, first burning every article belonging to them.

"The settlers in Lane Cove were so much <gap/> so perpetually alarmed

"by their people, that they collected their whole force, and, a few

"soldiers being sent to their assistance, went out in the night;

"and, being directed by their fires to the place where they lay,

"they discovered a large body of natives, collected, no doubt, for the pur-

-"pose of attacking and plundering the settlers, Being unwilling to take

"any of their lives, a volley of musketry was fired over the heads,

which"

"of all his other possessions."

April 1797

6
10.

C

Of Adultery.

Extenuation Excuse IV.

4. If having been detected in Adultery or using sollicitations or

practising amorous familiarities with a servant or other woman

whom he has it in his power to remove and being admonished

on the part of his Wife, he put not away such other woman

within a week after receiving the admonition ; cases of necessity

Extenuation Excuse V.

5. If by solemn agreement or judicial sentence she be already

separated from her husband in bed and board.

Where any of the above Excuses takes place the Adulteress

shall only be privately admonished.

Other Excuses are , 6. Want of Intention. 7. Ignorance

of the Law. 8. Innocence of Intention. 9. Intoxication. 10. Com=

excepted.

:pulsion. 11. Deference to Authority.
10

In all these five Cases the Law is simply and

absolutely inexpedient _ there ought to be no Law

matter.

at all upon the Subject.

6.th Where the Act prohibited is such as does produce

Unhappiness in the Community but the Punish-

-ment, tho' it's Infliction were certain, is insufficient,

pain

the Misery of it being less than the profit of the

Crime.

Here also the Law is inexpedient _ The

Misery of the Crime remaining undiminished,

Punishment; and the Law is the more inexpedient,

by how much less the Misery of the second falls

short of the Misery of the first, so that it does

not equal it.

As if there were a Law, that he who robs on

the Highway shall be paid one third of what he

takes _ The Traveller would suffer just as much

with this Law as without it: the Robber, if convicted,

would have nothing to do but to pay his third and

go off quietly with the Remainder.

Examples of real Laws, in the Degree of

their Improvidence, similar in the Kind, and not

much,

in

receives by way of Addition to it the Misery of the

fined
p. 213. Whatever construction is to be put upon it [the

King's proclamation in Granada] which perhaps may be very

difficult through all the cares to which it may be applied,

it la alludes to a gorve government by laws in being, and

by courts of justices, not by a legislative authority, until

an assembly should be called. <gap/>

pp 213,214 We therefore think, that by the two proclamations

and the commission to governor Melville, the King had im-

-mediately and irrecoverably granted to all who were or

should become inhabitants, or who had, or should regain

property in the island of Granada, or more generally

to all whom it might concern, that the subordinate

legislation ever over the island should be exercised by

an assembly with the consent of the governor and

council, in like manner as the other islands belonging

to the king.

Therefore, though the abolishing the duties of the French

King and the substituting this tax in its stead, which

according to the finding in this special verdict is paid

in all the British Leeward Islands, yet, through the

inattention of the king' servants, in investing the order

in which the instruments should have passed, and

been nor notoriously published, the last act is contraducing

to, and a violation of the first, and is therefore void.

How proper soever it may be in sep respect of the

object of the letters patent of the 20th July, 1766, to use

the words of Sir Philip Yorke and Sir Clement Wearge,

"it can only now be done, by the assembly of the island,

"or by an act of the parliament of Great Britain. "

&214

Extracts from the case of Hall v. Campbell