JB/119/183/004

Click Here To Edit

4
Escape
Observations with Answers
Panopticon Bill.

There are other cases, where the Court of King's Bench (to say nothing of other Courts) exercise
legislative powers, not in the ex-post-facto way, but before the fact, just as Parliament does: for instance
Rules & Orders relative to Procedure, and relative to the management of the Thing's Bench
Prison. In the ex-post-facto cases, there is, or at least there was, the plea of necessity; since the
demand for security in society was constant, at a time that the existence of a legislative power was
but occasional, and even rare. In these cases of preventive legislation, there may be convenience, for
aught I know, and at any rate under the lex gravior of Parliament no inconvenience: but as
to necessity, what is it when compared to the singular case in which I give it by express authority
of Parliament?

As to impertinence & presumption, I might be taxed with it, and perhaps with justice
enough, if it were a Form that I have the Court; but what I give them is, not a Form,
but an Example. As such it was meant, and such accordingly it is called. Why an example? —
1. That it might be seen that the sort of laws I wanted to get made by the Thing's Bench, were
such as Parliament could not make. 2. That the Court being seen to have a pattern before
them, which, so long as it was at all regarded, would be sufficient to guard the power from abuse,
it might be seen that the power given to the Court was not of the number of those which
are open to abuse.

It would be rather hard upon me, if I were o be charged with a disposition to favour arbitrary
power, as also with impertinence and presumption at the same time: since it is in order not to merit
the first charge that I have done what I have done towards exposing myself to the second.

Identifier: | JB/119/183/004 "JB/" can not be assigned to a declared number type with value 119.
Date_1		Marginal Summary Numbering
Box	119	Main Headings	panopticon
Folio number	183	Info in main headings field	panopticon bill
Image	004	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	d1 f1 / f2 / f3 / f4
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	39694
Box Contents