JB/028/109/002

Click Here To Edit

22)

Construction

Our Author's 8th Rule of Construction, is that "If
"a Statute, that repeals another, is itself
"repealed afterwards, the first Statute is hereby revived, without
"any formal words for that purpose. So when
"the Statutes of 26 and 35 Hen. 8, declaring the
"King to be supreme head of the Church, were
"repealed by a Statute 1 & 2 Ph. and Mary, and
"this latter statute was afterwards repealed by an
"act of 1 Eliz. there needed not any express words
"of revival in Queen Elizabeth's Statute, but these
"acts of King Henry were impliedly and virtually
"revived."

Who says this? a Judge sitting in judgment on
the question? no, for no such authority is produced but Lord Coke writing what he
calls his Institutes. Weighty authority, as it is deemed but of itself
not absolutely conclusive. I am speaking as to
the question what is Law; not as to the question what it were
to of advantage to make Law. With respect to this
last authorities have nothing to do. To speak
strictly indeed, taking it for granted there is no
determination either way, it cannot be said that
there is [Law either one way or the other]any Law about the matter. The question
is properly, whether it is natural, that the effect of such a series
of operations in such should of itself be understood to
be it is reasonable to understand, that is whether
a person taking the nature of the matter in question into
consideration, would be apt to understand,

Identifier: | JB/028/109/002 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	109	Info in main headings field	construction
Image	002	Titles	note continued
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f21 / b22 / f23 / b24
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9374
Box Contents