JB/028/149/003

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7)

Common Law. How far consented to by the people.

other, at some time or other, first began to be punished.
It was thereby made an offence; and being still punished
by Judges in the same way, is still an offence⊞ ⊞ against unwritten Law; an offence, as we say, as at Common
Law. It is since become an offence in Statute by against Written
Law. By Common Law it was made punishable
by Fine and Imprisonment. By certain
Statutes it has been made punishable by Transportation.

Now then to apply to this instance what our Author
says with respect to the difference between the regard
paid by our own Judges to Custom, and that which he
supposes to have been paid by Roman Judges.
Perjury, upon being made punishable by written Statute Law
with fines and transportation could according to
the mode of decision followed observed by Roman Judges
be no longer considered as punish punishable by fines and imprisonment
and fine: "Because it was only" when the Written
"Law was deficient", that "they adopted custom", or in other
words, that they took for the pattern of their decisions
the decisions of their predecessors. Where the written
was present, it superseded and expelled the unwritten.
On the contrary, according to the mode of decision
followed observed by our Judges, Perjury [the same offence] after having⊞ ⊞ by virtue of a provision regulation of Written Law been
made punishable with by transportation, continues punishable
(at option) by fine and imprisonment as before.
Thus it is that for to use our Author's
words, "our practise", ... without not confining itself to "the adopting"

Identifier: | JB/028/149/003 "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	149	Info in main headings field	commons law how far consented to by the people
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9414
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