JB/070/286/002

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1
Trading unApprentised.

This is render'd criminal by [the the a well born Statute of Q. Elizabeth] + + v: 1st case in Burr. Prep. for the importing of this Stat. that reign so
admirable for it's political executive vigor, && so blameable for it's oeconomical blunders &
oppressions. The penalty is 40s for every month during which it is continued

The only purpose answer'd by this statute is well known to be, the stifling ,
which by it's success has chanced to excite the jealousy of a competitor. It is to
be presumed, that a regulation which all Judges are unanimous in discountenancing
& all writers in disapproving, would fall to the ground at once upon a Parliamentary
discussion.

This Statute is not more famous from it's mischief success than by from the extraordinary violent
& criminal efforts of the Judges to palliate it: if it be criminal in a Judge
can become criminal by deciding full in the Truth of the plain wording of a
A small & short-lived guilt is to be punished still — but a long-continued guilt [on a sudden] into innocence.
Statute Law. A Man who in defiance of the Statute has exercised his Trade for 7 years together
has been adjudged to have served as an apprentice, tho' he never served, nor

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was an apprentice — Were this License of what is called but what every body
perceives not to be construction, to extend itself to the body of Law in general; it
would be of all tasks the most vain to make them: & it is to this and a few
some other such examples which from the alarm they spread are multiplied into more, that
men [+] [+] seek in vain to guide fashion their footsteps by the Law. [are warranted to] they can never be assured from the bare view of a in a Statute whether it be that or it's contrary that are is to obtain. or whether it be it's contrary.
Who for that vanity of character which might be expected in so numerous a succession, sometimes scrupulous to imbecility, sometimes adventurous to [defiance] rashness have made it a perilous undertaking
to pronounce with confidence from the view consideration of that a Statute concerning the effect of any Statute whatsoever
Whether the mischief of the improvident act of Legislation or of the the violation of Judicial duty that
been opposed to it supposing the latter had worked a cure, is what would be the greater & shall not may not perfectly
an easy to determine; but it becomes much less difficult when we consider the
it's palliativ ing influence it only is to a few a slight degree, & that it is calculated for one that it
relieves to seduce many into danger by the prospect of that final inquiry
to which before they arrive they may be intercepted.

But tho' in general the efficacy of the regulation towards the its purpose [designed by it] is
most vain, & tho' in most cases in a free competition in most cases unskillfulness will draw on it it's own

Trading Unapprenticed. [ P A |.1]

Identifier: | JB/070/286/002"JB/" can not be assigned to a declared number type with value 70.
Date_1		Marginal Summary Numbering
Box	070	Main Headings	of laws in general
Folio number	286	Info in main headings field	trading unapprentised
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	[[watermarks::j honig & zoonen [lion with vryheyt motif]]]
Marginals		Paper Producer	cc1
Corrections		Paper Produced in Year
Notes public		ID Number	23401
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