JB/026/040/001

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Mar 1809 3
Press. Judge's Opinion. Concluding Observations Ch. 4. Laws & Fact Separated

§.7.1. Written & Unwritten

1.
Grand difference here
between Statute and
unwritten law. p.7

2.
Cases for illustration,
those mentioned in
the opinion — viz
1. Threatening Letter —
2. act of Treason.
p.7

3.
1. In case of threatening
Letter, the offence being
(quoad special punishment
at least) created
by Statute question of
law is a question as
to import of determinate
words.
the instrument of
accusation for its ground
verba costa personæ
loco, tempore
p.7.

4.
Secus under Judge-made
Ex. gr. murder mayhem
larceny libelling. p.8

5.
No words of any legislator
being in the case,
a hunt is set up for
the words of nobody knows
who, through books
written by writers known
or unknown, giving
at first or second hand
words ascribed to this
or that man who at
most is but a Judge,
an executor or law —
never an acknowledged
maker. p.8

6
In Statute law import
of this or that word
too often doubtful.
But here the words
are all certain (as above)
& it is only as to a
small part of the number
that a doubt as
to import applies.
p.9.

7.
1. The words to which
the doubt attaches
may be words belonging
to the body of the language:
no less familiar
to Juries than
to Lawyers. p.9.

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§.8.1. Written & Unwritten

8.
Then are the more
exposed to doubt, the
more extensive.
p.9.

9.
2. A worse case is
when they belong only
to law language
invented by
lawyers for their own
use, & not to be
found but in their
Books. p.10.

10
Quatenus these words
Statute law is obscured
by Common.
but still words
are certain. p.10

11.
3. Worst case where being
law terms the import
is too indeterminate
as well as extension
to be comprehended
by any body
Ex. gr. Felony clergyable
& unclergyable. p.10

12
By felony nothing is
designated but an
offence so punishable.
p.11 —

13
And the persons who
may be involved in the
punishment are unascertainable —
all but
one innocent.

14.
To these common causes
of impenetrable obscurity,
are added those wch turn
on the distinction between
clergyable
& unclergyable.
which require searches p. 11
into the history of dark
ages. p 11

15.
Sole efficient part of
the import of these
words —
1. if unclergyable, death.

16
2. if clergyable hulks
jail or Botany Bay.
p.19

17.
In proportion to their
unfitness for honest use
these words are dear
to Lawyers —
1. general use maintaining
unintelligibility.
2. special use affording
occasional ground for
litigation. p.12

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§.8.1. Written & Unwritten

18
Hence the use of
elucidations addible to
or separable from the
text of law — text alone
serving as an abridgement.
See the specimen in Ch
p.13

Identifier: | JB/026/040/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1	1809-03	Marginal Summary Numbering	1-18
Box	026	Main Headings	law amendment
Folio number	040	Info in main headings field	press judge's opinion concluding observations
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	8773
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