JB_128_204.xml

Title: [1818 June 18 Parl. Reform Bill]

Description: 1818 June 18

Parl. Reform Bill

Abregé

VII Penal Securities

3

In the case of criminal consciousness, and correspondent intention the two ideal

instruments figuratively speaking most apt to be employed are force and falshood

/fraud/ or as it is on occasion of this sort most common to say – fraud.

Of falshood, there would be found applicable to the case the six following

modifications: viz. 1 Forgery. 2. deceptive personation 3. fabrication of deceptious

real or other circumstantial evidence: 4. perjury. 5. simple false assertion whether

in the shape of speech /spoken/ or writing /written discourse/ 6. false assertion by

deportment designed to produce the effect of discourse.

In the text of the proposed law would be shewn /exemplified/ /particularized/

various modes in /occasions on/ which in the production of the three characteristic

Election torts as above, falshood in those its several shapes would be /is/ liable to

be employed as an instrument. Examples of forgery will be seen at once by

conniving[?] falshood in that shape applied to the several documents above proposed

to be employed in the character of so many evidences or efficient instruments of

title viz liable to be elected, or to vote: viz. the recommendatory certificate the

Vote conferring Certificate, and the Voting Card. &c

[marginal insertion:] An example of deceptious personation in the case of its

application to the person of a voter.]

One such in which false assertion, accompanied on the part of some with criminal

consciousness on the part of others with rashness is in a preeminent degree apt to be

employed and applied to the purpose of producing Miselection, viz. by giving birth to

an ill-grounded choice, viz to the choice of a proposed Member not indeed

disqualified by law, but in respect of appropriate aptitude less qualified than this

or that view[?] to /over/ whom by the means he obtains the preference, is defamation.

131-545.xml

Title: [1818 Aug. 28. Parl. Reform Bill]

Description: 1818 Aug. 28.

Parl. Reform Bill

Text Note ult o

§.14. Penal Securities

8

{In the one case the misdeed can not have place without the existence of a correspondent and strong desire: in the other case it may have existence without any such desire.

In the case of forgery, fraudulent personation and perjury this distinction is observed in practice: for without persuasion of the existence of the consciousness in question /this evil/ no man would concurr in /give his concurrence to/ a conviction: in the case of forgery and personation it is implied; in the case of perjury it is, to wit by the word wilful directly asserted in direct terms. But with these exceptions, the disregard paid to it is general: the consequence is that while many a man who ought to suffer is exempted, many a man who ought not to suffer suffers.}

{For this distinction pregnant as it is with such important consequences, the demand runs through the whole field of penal law. Generally speaking, the eyes of the lawyers of the Roman School have been open to it, generally speaking the eyes of the lawyers of the English School have been closed /shut against/ blind to it: and to this blindness may be traced many of those enormities /atrocities/ with which all eyes that are not closed by sinister interest interest-begotten prejudice, authority-begotten prejudice or indigenous weakness, are afflicted.}

JB_128_172.xml

Title: [1818 May 12 Parl. Reform Bill]

Description: 1818 May 12

Parl. Reform Bill

{Text} 3 o Exposition

VIII Penal Securities

4

2

III Offences tending to produce Miselection by fraudulent personation are as follows

, viz

Where /If/ for the purpose of delivering a Vote, any which he is not entitled to

deliver, any person fraudulently assumes the name , {of any other:} or being of the

same name, any other part of the description belonging or supposed to belong to any

other person real or imaginary: thus causing or endeavouring to cause himself to be

taken /believe/ as and for that /such/ other person: and this whether there be or be

not any really existing person to whom the description given of himself by the

personator is truly applicable.

Forgery may be committed by {fraudulent} fabrication, by insertion, by obliteration,

by alteration, by substitution.

In the case of by fabrication, a spurious document is produced: in the case of

insertion, obliteration, alteration or substitution, a document if genuine is

vitiated, if spurious, endeavoured to be further adapted to the fraudulent purpose.

Codelinquents /Offenders/ in respect /in the way/ of forgery may be /are/

He who has procured or been concerned in procuring the fabrication /deception/,

vitiation /alteration/ or adaptation: he who has performed or been concerned in the

performance of the fraudulent operation itself: he who, knowing the purpose to be

deception, has applied or endeavoured to apply or been concerned in applying or

endeavouring to apply the document to such deceptious purpose.

Co-delinquency as above, implies not necessarily any concert amongst the persons

whose conduct tends respectively, as above, to the accomplishment /production/ of the

same pernicious /mischievous/ result.