JB/028/178/001

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17)

on the laity it is declared they are binding on the Clergy
and this not given as a new opinion, but as recognizing
a like opinion that had been given before.[d]
This being the case it is plain their binding force on upon
a Clergyman the Clergy no more depends upon any regard the Clergy
"may think proper to pay them," than the binding
force of an ordinary Statute on a layman, does
upon what the regard the layman "may think
"proper to pay them". All option is out of the question
in one case as in the other.

What remai The remainder of what our Author tells
us of that branch of the Common Law in the more
extensive sense of the word which consists of those
Particular Laws as he calls them that are termed come under the
name of Civil and Canon Law, is taken up with falls under two heads. First a short
enumeration of the Courts in which these Laws are
taken for the rule of Judgment: 2dly A few observations
in proof of the subordination in which these
Courts are holden.

NOTE [d]
"The King's consent" says the S Ch. Just. of the
King's Bench it was Ld Hardwicke in giving the Judgment of the Court
"The King's Bench consent" (says the Ld Ch. Justice in the
report referred to by our Author) to a Canon in
re ecclesiastica" makes it a Law to bind the Clergy
but not the laity. Strange's Reports Vol. 2. p.1058.

Identifier: | JB/028/178/001 "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	178	Info in main headings field	common law particular laws
Image	001	Titles	[[titles::note [d] / note]]
Category	text sheet	Number of Pages	3
Recto/Verso	recto	Page Numbering	b17 / e18 / b19
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9443
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