JB/096/031/001

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To be copied "to the community in general." When he adds
with a kind of timidity and reluctance
"that this it is rather a Sentence than a law."
[I could have wished he had spoken out in a
bolder stile, and as become a man and a
Citizen. Though this be an It certainly is an act of the Persons,
in whom the power of legislation is
vested: yet it is not a prop properly an act of the the
Legislature or at least not of the Legislature
alone. For in such an act, these persons
do, either lay aside their Legislative powers,
or do assume, and super add to them, the judicial
power. And, I think, our Author
should have carefully distinguished

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Is it done in their legislative capacity
or not? if it be, it must be a Law, for it is a declaration of the
will of the Legislature, is a Law. If it is not, if in this act
the legislative power is laid aside, & the judicial power only assumed
then it is a sentence. — But whether it be a Law, or a Sentence
it is a very bad thing. — In the one case it is an abuse of the Legislative And if our Author has a mind for
power: in the other a Judgment pronounced by an incompetent court tribunal:
a new name he has any good Such an act does not deserve the name
If our Author will give it a new name
he has my free leave: leave to call it an extralegal Act let him call it if he will an extralegal Act
of a Law, , not because its operation is spent upon a single person, but
because the master is not a proper object of Legislation. It ought
not even to be called a Sentence, — because it is not, before cannot be before between
a competent Judge. It is an extra-legal Act, which no nothing

78)

Identifier: | JB/096/031/001 "JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	comment on the commentaries
Folio number	031	Info in main headings field
Image	001	Titles
Category	collectanea	Number of Pages	2
Recto/Verso	recto	Page Numbering	c78 / c79
Penner	168	Watermarks	[[watermarks::[quartered royal arms motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"to be copied" [note not in bentham's hand]]]	ID Number	31035
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