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13)
Common Law. Division of it into Customs and Maxims.
and petty misdemeanors. For any one of them all
has a King ever been punished. I recollect: and
the answer to every one of them is No. In point
of fact then there is no such Custom. There is not
so much as a single act to go towards making it: and
for Statutes certainly there is none. Of Law customary
punishment and authoritative command are the
only sources. From neither of these is punishment
derivable to the King. The King therefore is not
punishable.
I say nothing to any objection that may be made to
the particular conclusion in question thus deduced. I say nothing
to the convention made by John; that on the commission
of certain obnoxious acts on his part, certain
of the Barons might⊞ ⊞ seize his larths and his Lands, and in short gravari cum omnibus modis
quibus poterint⊞ ⊞ distress him by every means in their power. I say nothing of the struggles maintained
by almost every King to the period in which I have
placed myself, with his Barons: of the distresses distresses
of then: 3d: the murder of Edw. 2d, the humiliating
deposition and murder or Rich. 2d. I mean All these
topics of controversy I lay aside: they are nothing
to the purpose. My meanning is but to exemplify
the [origination formation of a maxim] manner in which a
maxim in general takes its rise. Whether true or not the particular one taken for
question an example, or be true or not, is a question
foreign to the purpose.
Identifier: | JB/028/135/001 "JB/" can not be assigned to a declared number type with value 28.
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common law division of it into customs and maxims |
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jeremy bentham |
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