Ordinary of Newgate Prison:
Ordinary's Accounts: Biographies of Executed Convicts

17th June 1723

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Currently Held: Harvard University Library

LL ref: OA172306172306170002

30th March 1723


knew that nothing, came by Chance, but by an overlooking Providence, surveying all the Affairs of Life. John Tyrrel< no role > also appear'd very desirous to infuse into every Body's Opinion what he at first asserted at his Tryal, to wit, that he purchas'd the Horses at Northampton Fair ; and was at some particular times extremely ruffled and disordered in his Mind, upon the Thoughts of Dying a violent Death, which would bring so great a Disgrace to himself and his Family, which was honourable, he said, till this deplorable and execrable time.

On the Sunday immediately preceeding the Day of Execution, I preach'd to them from these Words, Luk. 3. 14.

The Soldiers likewise demanded of him, saying, and what shall we do? And he said unto them, Do violence to no Man.

After taking Notice, that publick Wars might be shown, even from hence, not to be Unlawful, because Christ did not answer the Soldiers, lay aside your Profession, and cease to destroy Mankind, but only bad them not to use Violence, that is, Injustice; not to war without good Reason, and in those Wars to act agreeably to the Laws of Nature, and of Nations: We afterwards proceeded to consider what is injurious Violence? That Men were chiefly indebted to us three ways, by the Law, by Contracts, and by Injuries done us. That (speaking only to the last) that was an Injury which diminished a Man's Property, whither his Title was deriv'd from Nature merely, as his Life and Limbs, &c. or from human Actions, as Agreements, the Laws, &c. as a Pupil has a right to exact Diligence from a Tutor, a Commonweal from its Magistrate, &c. But as in these Cases there is an Obligation, and consequently an Injury may be offered: In the following Cases there is a different Obligation, which is often mistaken for the same: Those who have the Charge of chusing a Person into a Magistrates Place, the Commonweal has a Right to exact from them a fit Person; and if the Government suffers, by their refusing to make a worthy Election, 'tis the Opinion of the Casuists, that they are oblig'd by natural Justice to repair the Detriment; but by Computation, and in proportion. Thus also, as any Subject (not incapable) has a right to stand Candidate for any Place, tho' no particular Right to that Place; if any Man hinders him from being a Candidate, such a Man is not bound to requite him to the whole value of the Place, but as far as his Chance, by Computation, might extend to.

But, besides the Person directly doing the Injury, others may be bound and oblig'd; either in the Case of acting what we ought not, or not acting what we ought; and in acting what we ought not, may be oblig'd either primarily or secondarily. He is oblig'd primarily, and next to him who commits the Fact, who commands and gives the Consent necessary, &c. Secondarily, who advises to it, or praises it, or assents to it. And even these will be oblig'd to make entire Restitution, if 'tis certain the Detriment would not have been sustain'd, had not they advis'd, commended, &c. but the contrary generally happens, and then the Obligation does not rest upon them. Therefore the Order of Guilt may be reck




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