date

1818 Aug. 28. Parl. Reform Bill
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.}
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  • 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.
  • Title: [1818 June 18 Parl. Reform Bill]
    Description: 1818 June 18

    Parl. Reform Bill

    Abregé

    VIII Penal Securities

    8

    1. Black Book. 2. Procedure.

    To the general harshness of the systems still in force in regard to punishment the

    generally improved state of the public mind as well in respect of social affections

    as in respect of intellectual culture admitts on this occasion the proposition of one

    of a somewhat new description in the character of a substitute to some of those at

    present or of late in use. This is inscription in the black book: with or without

    ulterior publication.

    {The punishments for which it is intended as a substitute are 1. the pillory,

    abolished by a late Law, in Great Britain and Ireland, but not yet so universally in

    the Continent of Europe: 2. the Carcase[?] a /another/ mode of punishment not yet out

    of use on the continent a moveable sort of pillory which the delinquent carries about

    with him as he goes.}

    In every Polling Office is kept a Book appropriated to this purpose. In the case of

    certain Election Offences, entry is made of the name of the delinquent in this book.

    Supposing the offence accompanied with criminal consciousness In conjunction of /with

    this/ his name is entered the general name /denomination/ of the offence: viz. /for

    example/ forgery, deceptious personation, perjury &c with a description more

    or less particular of the occasion and the manner in which on the individual

    occasion, the offence was committed: publication more or less diffused, by means of

    the National Government Newspaper called the London Gazette, with or without the

    addition of the Newspaper or Newspapers.
  • Title: [2 C Of falsehoods in general]
    Description: 2

    C

    Of falsehoods in general

    the fact which in the first instance is falsely around must be a particular

    kind of fact relative to the personality of a certain individual: in simple

    falshood it has as need to be any particular fact, but may

    be any fact whatsoever.

    The distinction between forgery and personation

    - between forgery and personation

    turns upon two points. In the

    personation the averment requesting this personally of the

    individual has reference to every period of his existence from his

    birth to the time of committing the offence inclusively. For instance that

    the individual who is now standing in such a spot of such a Court of

    Justice

    this day the 1st day of Jan y 1780 is

    the same individual who on the 1st

    day of Jan y 1750 was born of such a

    woman at such an hour minute and second of that day and consequently has

    been so during all the intermediate time. In forgery the

    respecting the personality of the individual has reference to only one

    very narrow and limited period of his existence: viz: that which has

    been

    taken up in making the characters which confirm the

    instrument in question, or what comes to the same thing in

    exhibiting those signs which are understood to direct his excusing it

    that is to declare that this sign confirmed in the instrument