JB/028/148/004

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4)

Common Law. How far consented to by the people

the Written Law, and at the same time according to the same mode of procedure
by which offences against the regulations of the Statute Law were are
appointed or accustomed to be enforced, would be not
to legalize that custom the custom in question by [any act of] their own
authority, but to [carry into effect] give the disposition
of the Statute Written Law, [their effect.] The case fact then⊞ ⊞ we are to understand was was
then, that the instant a if ever they had by a habit, or by an act
of punishment, legalized a custom, by punishing
the non-observance of it & by a certain mode of
punishment, and ad [admitting] in a certain mode
of prosecution, then if any regulation of written
Law came to forbid that such mode of conduct, or have
it free, they of course ceased to punish the non-observance
of it altogether; or if to command it
they ceased that instant and under a different penalty than that under be which
it was before punished, and according to to make it punishable by a different
mode of prosecution from that on which it was
before prosecuted, they ceased punishing it by
such prior mode of punishment procedure, and by means
of such prior mode of non prosecution procedure, and (tho'
neither were expressly forbidden by the regulation) and confined
themselves to the mode of punishment,
as well as of procedure appointed by t such
regulation.

The only case I pick here is that of

I here suppose the legalizing regulation, to come
in point after the legalizing decision: for if suppose the lega any such regulation
to come before a legal such a decision, then

Identifier: | JB/028/148/004 "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	148	Info in main headings field	commons law how far consented to by the people
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9413
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