xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts

JB/096/031/001

Jump to: navigation, search
Completed

Click Here To Edit

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


---page break---

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

Box Contents

UCL Home » Transcribe Bentham » Transcription Desk