date

1818 June 18 Parl. Reform Bill
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.
Similar Items
  • Title: [1818 June 19 Parl. Reform Bill]
    Description: 1818 June 19

    Parl. Reform Bill

    VIII Penal Securities

    9

    Of /By/ the pillory, the sufferance produced is one and the same thing for

    delinquency in every shape and degree, it is incapable of being rendered in any

    degree proportioned to the mischief of the offence. To this same mischief inscription

    in the Black Book not only may be adjusted but in a manner adjusts itself of itself

    with the utmost degree of nicety. For the purpose of giving his charge to the Jury,

    the Judge does commonly take and on this occasion may be required constantly to take,

    Notice of the evidence: from these Notes it will be no difficult /an easy/ matter for

    him to extract an appropriate mass of matter for the inscription in the Black book.

    Where inscription in a Book with so appalling a name /title/ may be regarded as too

    severe, as for instance where the offence is deemed to stand clear of criminal

    consciousness so as that no imputation /fault/ more condemnatory than that of rashness, has egress so ever, is regarded as applicable, or

    where there may be a doubt as between the case of criminal consciousness and the case

    of rashness there may be a doubt which of them /the two/ had place, this case /for

    this degree of delinquency/ another book of less condemnatory line[?] – suppose the

    Grey Book, may be provided: and in this case ulterior

    publication may be added or not added.
  • Title: [1818 May 12 ┴ Parl. Reform Bill]
    Description: 1818 May 12 ┴

    Parl. Reform Bill

    Text ult o

    VIII Penal Securities

    VIII Abridged form

    1

    Penal Securities {provided} against evils incident to Election /Election Offences/

    Art. For every offence which in any manner following has {produced or has tended to

    produce} /been productive of, or has been, or has tended to be, contributory to,/

    Miselection, Non-Election or {Null and} {Void} /Null/ Election {or has been or has

    tended to be contributory thereto} {the offender shall be punishable as follows viz.}

    In a book to be kept, under the name of the Black-book in the Election Office of

    every Election District, {under the care of the Election Clerk}, {on conviction}

    entry shall by the Election Clerk be made containing the sentence passed upon the

    offender, in which sentence shall be contained a compleat designation of the person

    of the offender, together with the specific denomination, and individual /of the

    offence as above, and moreover together with the/ description of the /individual/

    offence: and moreover a declaration that the offence was accompanied with criminal

    consciousness and intention, or was produced by culpable {heedlessness} /rashness/,

    as the case may be. If in the commission of the offence, forgery or fraudulent

    personation have /has/ been employed, mention thereof shall be made in such sentence.

    If {{in the sentence it be declared that /the declaration be that/ in the opinion of

    the court} (a) the offence was accompanied} with criminal

    consciousness and intention, the sentence shall moreover in the London or other

    official Gazette: and so in the case of forgery or fraudulent personation: and for

    that purpose, under the direction of the Court (b), two copies of

    the sentence {on the same day on which it is pronounced or on the next day}

    /forthwith/ be, {by the competent authority} transmitted {by the post after being

    duly signed authenticated by the proper signature, the one to the proper Election

    office, the other to the Printer of the said Gazette}.
  • Title: [1821 Oct. 1 To Toreno 2 o or]
    Description: 1821 Oct. 1

    To Toreno

    2 o or 3 o

    Letter IV

    Religion

    Censorship

    30

    4

    5

    4

    Art. 226. 218. 213.

    [marginal note:] Art. 220

    Article 213 in case of the publication of a forbidden discourse of a certain description by an Ecclesiastic, secular or regular, if it be a pastoral (episcopal) charge in official edict or writing, bodies ecclesiastical there are three separate temporal functionaries are mentioned: namely the Political Chief, the Alcaldo[?] and the Judge on all /every one/ of whom the obligation is imposed /it is made matter of obligation/ —not only of proceeding against the delinquent but of calling in (ruoja[?]) the offensive writing. Penalty from 300 to 600 dollars. How it is that without interfering with one anothers authority and producing mutual obstruction all these different functionaries can in this case go to work, is not clear to me. A maxim I have already had occasion to submitt to your view, is that in the case of a functionary of any description, bu every number /unit/ added to number one, responsibility is diminished.

    But /Meantime/ the offence in question what is it? it is the offence constituted by the guardarsi[?] Article: the offence which consists in giving expression to an /the/ opinion that in that production of impeccability and infallibility entituled the Political Constitution of the Spanish Monarchy there exists an Article which on some point or other had better not be kept than kept, better be altered than left as it is.