JB/028/134/004

Click Here To Edit

12)

Common Law. Division of it into Customs and Maxims.

I live, say, in the 14th, or say in the 15th Century. I
am a Lawyer. This question is propounded to me?
Is the King punishable for any act he does? I set
myself to consider. I first consider a priori and
in general – If punished, by what means should
he be punished. Who shall appoint the mode and
quantity of his punishment? Whose shall be the hand
that shall inflict it? Who shall appoint his punishment.
The Judges?, but it is he who makes them and unmakes
them: Shall they offer to punish him?
He speaks the word, and they are no longer Judges.
The Great Barons? But it is he that gives them license
to assemble. Assembling without that license,
they are criminals, not Judges. The Representatives
of the people? They are nothing. The great body
of the people? may be so, and with reason. But
when that moves, there is an end of Law. It
is not punishment, but hostility.

I next consider the matter a posteriori in point
of fact, descending to particulars – Is there any act
of those men in ordinary men deemed criminal, for which
in point of fact the Sovereign has been punished.
It take in hand such as I can make to for myself
the table of offences. I look it over. I begin with
Treason. Has there ever a King been punished for
Treason? The My answer is, it is impossible. For Incendiarism? Homicide and so on descending from the
highest crimes as many as I can think of down to simple invasions of property,

Identifier: | JB/028/134/004 "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	004	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
Box Contents