- Software name: appdown
- Software type: Microsoft Framwork
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NIAGARA FALLS. Maillard, Les Missions Micmaques. On the murder of Howe, Public Documents of Nova Scotia, 194, 195, 210; Mmoires sur le Canada, 1749-1760, where it is said that Le Loutre was present at the deed; La Vallire, Journal, who says that some Acadians took part in it; Dpches de la Jonquire, who says "les sauvages de l'Abb le Loutre l'ont tu par trahison;" and Prvost au Ministre, 27 Oct. 1750.
These are some of the difficulties of the subject, which teach us the necessity of constant open-mindedness with regard to all ideas or practices connected with criminal law. But, would we further examine our established notions, we should consider a statement from Hobbes which goes to the very root of the theory of punishment.using the last light to write to you.
The Act of 1712 restored lay patronage, and then the strife began, but not between the people and the lay pastors, but between the clergy and the lay patrons. There grew up two parties in the General Assembly, styled the moderates, and the more advanced, or popular party. The moderates were those who were ready to concede to the demands of Government and lay patronage under a gentle protest; the more popular party, as it was called, was for transferring the right of presentation to the presbytery. The Act of William III., in 1690, gave the original and exclusive nomination to the heritors, land-owners, and elders. The person nominated was to be proposed to the congregation, who might approve or disapprove. But to what did this right amount? The congregation could not absolutely reject; and if they disapproved, the right passed on to the presbytery, whose decision was final. By this arrangement, either the landowners and elders remained the presenters, or, after a vain show of conferring the choice upon the people, the appointment fell to the clergy, or presbytery. From 1690 to 1712, Sir Henry Moncrieff says, "there does not appear the least vestige of a doctrine, so much contended for at a later period, of a divine right in the people individually or collectively, to elect the parish minister." This opinion was fully maintained by the law of William III., in 1690, and confirmed by that of Anne, in 1712. Sir Henry Moncrieff, in confirmation of this doctrine that the people never had a right to elect their ministers in the Scottish Church, quotes the "First Book of Discipline," of 1567, which placed the election of pastors in the people at large; but this error, he says, was rectified by the "Second Book of Discipline," in 1581. By this book the congregation could only consentthe presbyters must finally determine. This contains the law of the Church of Scotland, and the great schism which took place in the Scottish Church, in 1843known as the Disruptionarose merely from the resistance to lay patronage, but with the intention of transferring that patronage to the clergy, not the people.
 La Potherie, III. 94; Monseignat, Relation; Frontenac au Ministre, 9 et 12 Nov., 1690.Life of Scott and the first volume of Gibbon's Roman Empire
Paley, of course, defended the thing he found established; nor, considering the system he had to defend, did he state the case for it without ingenuity. He had, indeed, nothing to add to what Blackstone had said regarding punishment, namely, that it was inflicted, not in proportion to the real guilt of an offence, but in proportion to its facility of commission and difficulty of detection. To steal from a shop was not more criminal than to steal from a house, but, as it was more difficult to detect, it was more severely punished. Sheep, horses, and cloth on bleaching-grounds were more exposed to thieves than other kinds of property; therefore their theft required a stronger deterrent penalty.
in the John Grier Home.