JB/028/134/001

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9)

Common Law. Division of it into Customs and Maxims.

person is laid under; namely by being subjected to punishment of in
case of his furnishing such assistance. For instance, the King cannot
cause a house to be set on fire that is not within
his reach, nor kill a man; nor enter into a house
that is not his own, nor cause an a innocent
man to be arrested, nor a wrong judgment to be
given: because a man such as should assist him for any in any of
the above acts of the above purposes, would be punishable just as
if they had done them of themselves. From In this
sense therefore the expression means, that the King can not
exempt by his previous command exempt from punishment
him any man who should do an act (certain assignable cases being excepted) for which that
man [without such command] would otherwise be subjected to punishment.
These cases which are to be excepted are the
cases where the King has power to command by virtue
of his Prerogative. In short, The King has no legal power
to, The King can not protect his assistants in doing
wrong, or thus No man can assist the King in doing wrong.

3dly There is yet a third sense in which the maxim
has formerly been understood to be true: tho' now long since exploded.

This is in brief that nothing is wrong, that is, punishable
either in him, or in any who assist him. Of this no
more need not be said, since it is now universally exploded.

To bring the three senses together, and express them in
such a manner as shall serve to [mark their difference]
thus put the contrast there is between them in the clearest
light – According to the 1st, No act done by the

Identifier: | JB/028/134/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	134	Info in main headings field	common law division of it into customs and maxims
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b9 f9 / e10 / b11 / e12
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9399
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