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23 July 1802
N. S. Wales

"the laws of the Infidel are abrogated .... But if a
King hath a kingdom by title of descent, then, seeing by
"the laws of that kingdom he doth inherit the kingdom,

"he cannot change those laws of himself without consent
"of Parliament.'

In all this which together with about 50 folio pages
of such matter is the gratuitous effusion of the learning
and eloquence of the reporting Judge, there is no more has no more in it
of law of binding law capable of standing, 4 are but dicta, not binding like Clarks case against any in case of repugnancy
1 or either against any single decision, or acknowledged constitutional principle, than there is in the
torts out of Virgil and Aristotle and every body in that
are mixed up with it. 5 If binding, so much the better — negates the right in all but conquered Colonies

I give this This observation I give not as a position in the establishment of which I

have my interest. — but on the contrary as an admission: an an acknowledgment
concession of which the antipathy I feel for every
thing that savors of [jargon and fraud and] imposition
is the cause. For if it were all clear law, nothing
could be more favorable short of a opinion on the very point to my opinion nothing
more fatal to the opinion of any one should
Mr Pitt, supposing
there really be any such opinion any where, who could
have really to fancy himself capable of maintaining saying any thing in defence of the right of the
to his assumed in the name of the Crown to legislate in New South Wales.] In that only one of Lord Cokes two cases, with which agr in point
of fact the case of New South Wales agrees has any agreement <add>is not opposite the very opposite</add> in point of
fact, the King can not "change" "laws" — Lord Coke expressly assures us he can not do
any thing in the way of legislation, "without consent of Parliament."
The proposition is in the form of it a universal
one indefinite and, (if a King hath a kingdom) which as such is equivalent to a

Identifier: | JB/116/140/001
"JB/" can not be assigned to a declared number type with value 116.



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panopticon versus new south wales

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n. s. wales





text sheet

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jeremy bentham


[[watermarks::[monogram] 1800]]


jeremy bentham

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