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NOTORIETY Particular Codes — Principles of their Establishment. R.S. V
In the selection of the Titles for the Codes
In the selection of such Titles to which separate
In the business of settling establishing what Titles shall be the Personal Titles to which separate Codes shall be attributed, it will not be sufficient
to look for them only in the Statute-
Book: but a separate Code must be established
wheresoever any set of Provisions, (or even any
single Provision) are seen which respect affect
any set of persons, who in common language
are comprized under a known & separate
appropriated denomination. Wheresoever the Law is seen to exert it's dominion over a mode of action the nature of which is to be practised performed not by all persons in general, but by a particular sort of persons, distinguishable from the rest by any a peculiar name.
Thus for example, there ought not the less to be a Code
bearing the nam of the Undertaker's Law
At the same a Code entitled the Undertaker's Law is among those that will be required although because Tthere is no such word for example in the Statute
Book as Undertaker - For There are provisions
regulating under penalties the manner in which Burial is
to be performed: 30 Car. 2. c. 3 32 Car. 2 c. 1 Rult. Ind. Wool. 37.
& is the persons, by whose occupation
to that is, is are called known in common language
by the appelation Undertakers, & no other. & these Undertakers are
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charged with the observance of those regulati
under Penalties
In the current methods of distribution, that in Burn's Justice for example & Ruffhead's Index because the end of these regulations was the encouragement of the Woolen Manufacture, are cast under that Title: in neither of them is there any notice taken of any such persons as Undertakers: such persons therefore want have in order to derive any information from those 2 works must have studied the Law as Politicians, before they can come to the knowledge of the duties which it has imposed on them as Tradesmen.
So Thus again, there is a Paragraph clause in the Highw Turnp
Law by which an obligation to receive B Beasts
of Draught seized by for offences against the
act is imposed upon Churchwardens & overseers —
It is true no such persons that no such names occurr: are
mentioned under such names; but as the
word in the Act is Parish-Officers are
mentioned for that purpose [in question] in that behalf &
persons so denominated are Parish Officers
hence arises the necessity of inserting this
provision in their code.
Suppose a person, actuated prompted by a curiosity as uncommon
as it behoves to be, where the prospect
of being able to gratify is is so precarious, suppose a person I say of that business, to turn open -
to the any Index of to the Statutes, in the view
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of enquiring what regulations there might be
in them respecting his own employment — In vain
would he search under the title of Undertaker
or Upholder or any other of those usually given
to persons in the same way of trade It is rather too much to require that men [sitting behind a Counters] to have should quit their counters and study the body of the Law as Politicians in order to come at the knowledge of that small part of it consisting of the duties which it has imposed upon them as Tradesmen
Tradesmen however It may be said that people Trad know do as things
at present collect some general knowledge of
the Laws concerning them, from discourse. And
generally indeed, tho' by no means universally,
this may be true. But the misfortune is that
from discourse only they do, from discourse only
they can in general collect it. The written
standard from it's bulk, it's obscurity its content
of method remains inaccessible: And the knowlege
men have of the contents of it is an obscure
inaccurate traditionary kind of knowledge
infected stained with vulgar errors; in short much the same sort of knowledge that men have of Law or matters of Law or History that never were at all in writing. And it is this sort of inaccurate adulterated apprehension that begets is so apt to beget an inaccurate adulterated observance which growing into a custom takes root and in time even in the breasts of those who are to judge and by degrees both the letter and the spirit of the law.
under Full light would if it at it would suddenly run to
would bring such a glut on it, as would be
it's ruin Trust, and perish.
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The Unity of the Codes compilation ought not to follow the
unity of denomination where the unity of denomination
is not follow'd by the indentity
of person: individuals
To say that it will let loose Informers is in
other words to say that it will be executed. For the
occupation of an Informer is the execution of some Law.
It is an objection I have some times to the promulgation of a Law from timid and inconsistent minds, such as deal flutter about in the labyrinth in expedients, and are incapable of any close and accurate survey of things, that it will let loose Informers. And Informers are an odious and mischievous set of men
It is the interest of Informers that the Laws be kept in that middle state between full light general publicity and [absolute oblivion] total darkness that keeps their trade alive.
This is an objection to the Law itself and not
to the promulgation of it. If it ought not
to be executed, it ought not to have made.
The remedy for the mischief is not to hide
the Law but to repeal it. The good proposed
by the Law, when if not obey'd, is no
otherwise to be attained than by executing
it. The mischief of the execution is
the purchase of the benefit of the obedience
If the benefit is worth the purchase, this the
{objection does not hold mischief complained of does not exist,} if not, it is not
contended for hinted at by the objection, that will
be a remedy. Let the Law be universally known
and let it have all the execution that depends
upon it's being universally known, it will
be executed in proportion as it is known,
and it will be obey'd observanceed in proportion as it
is executed. Let it be half known and
half-concealed, the mischief of execution
will be joined to the mischief of non-observance. For the mischief of execution to
take place it is enough that it be known
to few: those few who seek a profit in
it in the capacity of informers. For the benefit
of observance to take place it must be known
to many. For it's general & continual observance that must
bring to pass the benefits of observance: but it is partial & interrupted execution that keeps alive the mischief of execution. The mischief of execution, of general must work necessarily it's own cure.
Spontaneous Notority inadequate. COMPOS: & PROMULG: Digestion - Persons must be explicitly named [V] Object. It will let loose Informers. Answered.
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