date

1818 June 19 Parl. Reform Bill
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.
Similar Items
  • 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: [1818 May 10 Parl. Reform Bill]
    Description: 1818 May 10

    Parl. Reform Bill

    3 o Text Superseded?

    V. Penal Securities

    9

    7

    Superseded by Abridged form 12 May?

    Punishments for the above Election Offences

    For the abovementioned Election Officers the punishments shall be respectively be as

    follows, viz.

    {On Conviction} In a book to be kept in the office of every Election District, by

    the name of The Election Black Book an entry shall be made

    stating /expressive/ /containing/ the {name abode rank or occupation and other

    sufficiently ( ) designature of the person of the offender together with a

    specification /designation/ of the species of offence of which as above he was

    convicted, as also of the place and time at which, and the manner in which, it was

    committed, together with all such other individualizing circumstances as may be

    necessary for conveying a clear correct and compleat conception of the nature of the

    case.

    It shall also be stated, whether in the opinion of the judicial authority ( ) the offence was accompanied with criminal consciousness, as

    above explained, or not being accompanied with such consciousness and intention was

    but the effect of rashness.

    If in the opinion of | | the judgment be that it was accompanied with criminal

    consciousness and intention, a copy of such judgment shall moreover be published in

    the London or other Official Gazette.

    If on the occasion and by the commission of the Election offence, injury in any other

    shape has been done to any individual /assignable person or persons/ or to any body

    corporate, appropriate satisfaction in respect of such injury shall remain exigible

    and appropriate punishment inflictable.
  • 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}.