JB/037/073/002

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1820 Oct 27

In doing this I must begin with giving a determinate import to a phrase of his – "authorized
"by law. Speaking of England, "permanent Societies" (he says) "are unknown
"unless By an authorized by law". But by Now by authorized by law what he means acting is –
existing no otherwise than under a licence, which the law can necessitates,
that is in to use the words of his proposed law – "Under" the permission by of he local "authority":
for as to authorizing the being authorized by law,⊞ ⊞ meaning not
law and not imaginary
ex post facto
law, everything is
left authorized by
law until it stands
prohibited. everything is authorized it is in the nature of all
by law law to authorize it unprohibited. This being
the case, to constitute what he means by "authorized by the law",
requires first a positive prohibition, and, upon the
back of that, a special permission, exemplary out of the general
permission the note for special persons and things put objects to which the
the of it. Now then permission applies. This explained, England being the country in question how stands the
fact? Before the year 182 1817, what was the things "unknown" where were – not the unlicensed, permanent Societies which he says
were unknown, but the licensed ones;⊞2 ⊞2 in which his endeavour
is to make you
regard as between a
regard as being co-eval
with the Constitution: for, till March 31st
in that year, licences for meeting to talk politics in public
were no more known in England than licences for meeting
together to : and whether by ceasing to be permitted
the Societies such as those in question can in 3 1/2 years
cease to be "known", of this, my friends, you will
judge.

To render intelligible the relation between the truth of the
case and the Right Honorable Minister's account of it, I
must beg your notice, my friends, for a distinction, which he
knew better is (it should seem) than to bring to view. This is –
the distinction between the state of the government in question
antecedently to the enactment of certain laws recent laws, and
the state into which it has been put by means of them. Applied
to the recent state, you will find his account of them possessing in
part a colour of truth: applied to the anterior state, you will find
it wholly destitute of all colour of truth.

Identifier: | JB/037/073/002 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1822-07-04	Marginal Summary Numbering	4
Box	037	Main Headings	constitutional code rationale
Folio number	073	Info in main headings field	constitut. code rationale
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b3 / c3 / e3
Penner	jeremy bentham	Watermarks	j whatman 1819
Marginals	jeremy bentham	Paper Producer	john flowerdew colls
Corrections		Paper Produced in Year	1819
Notes public		ID Number	11288
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