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.