JB/116/312/001

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N.S. Wales Conduct
III. Non-existence proved

20
That in such cases
mere precedent
is not sufficient
to make legality
is proved by the
case of General
Warrants.

When a practice is repugnant to acknowledged principles
the case of General Warrants is sufficient to shew how
little force there is in mere precedents: however numerous
the train of them and however ancient the commencement of it. In the
case of General Warrants, the list of them of these pre (a list at least
of the causes in which Orders of that description had been issued by the Servants of the
Crown) has been published. It begins with the Restoration
not because there were not abundance of them for an indefinite
time back, but because it was not conceived that orders
of that head issued at any less constitutional period, could be
looked upon as precedents.
considered as possessed of the authority of a precedent. The
warrants presented in that list would may not be found all of them
to come within this description: but of one sort of other there
are 136.+

+ Copies of Warrants
taken from the Heads
of the King's Bench
of Warrants by
Secretaries of State &
1764. 4to per
Bookseller's names.

24 18
The want of power
in the King to establish
Ordinances on
pain of imprisonment
was established an
Elizabeth
as per Lord Coke

Even in Lord Coke's time, had this mode of legislating
without Parliament been questioned in the King's
Bench, it would not have stood its ground: at least
if Lord Coke had at that time been in disgrace, and the decision
had depended on Lord Coke.+

I 2d Sept. 54

"King Edward the sixth did incorporate (says he) the Town of St Albans
"and granted to them to make ordinances &c. They made an
"Ordinance upon pain of imprisonment, and it was judged to
"be against this Statute of Magna Charta. So it is, of such
"an ordinance had been contained in the patent itself."
Thus far Lord Coke. The train of reasoning is evident. It
by was the glaring illegality in the case last mentioned which is the feigned case, that
light was thrown new light on the covered illegality in the former, which
actually decided was decided in the Common Plase, in the 38th of Elizabeth
and reported by Lord Coke himself.II The decision was given in the 38th year
of Elizabeth, and even Elizabeth submitted to it.(a)

(a) Note on a separate page

II Coke's Reports Part 5.
p.64. Case of the
Corporation of St Albans
called by him Clark's
Case .

Identifier: | JB/116/312/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering	18
Box	116	Main Headings	panopticon versus new south wales
Folio number	312	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a22 / b16 / d16 / f22
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	37845
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