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<note><hi rend='underline'>To be copied</hi></note> | <p><note><hi rend='underline'>To be copied</hi></note> <del>"to the community in general." When he adds</del><lb/> | ||
<del>"to the community in general." When he adds</del><lb/> | |||
with a kind of timidity and reluctance<lb/> | with a kind of timidity and reluctance<lb/> | ||
"that <del>this</del> is rather a | "that <del>this</del> <add>it</add> is rather a Sentence than a law."<lb/> | ||
[I could have wished he had spoken <add>out</add>in a<lb/> | [I could have wished he had spoken <add>out</add> in a<lb/> | ||
bolder | bolder <sic>stile</sic>, and as become a man and a<lb/> | ||
vested: <del>yet it is not properly | Citizen. <del>Though this be an</del> <add>It certainly is an</add> act of the Persons,<lb/> | ||
or not? if it be, it must be a Law, for <del>it is</del> a declaration of the <lb | in whom the power of legislation is<lb/> | ||
vested: <del>yet it is not</del> <del><add>a prop</add></del> <del>properly an act of the</del> <del><add>the</add></del><lb/> | |||
will of the Legislature, is a Law. If it is not, if in this act <lb | <del>Legislature or at least not of the Legislature</del><lb/> | ||
<del>alone. For in such an act, these persons</del><lb/> | |||
the legislative power is laid aside, & the judicial power only assumed <lb | <del>do, either lay aside their Legislative powers,</del> <lb/> | ||
<del>or do assume, and super add to them, the judicial</del><lb/> | |||
then it is a sentence. — But whether it be a Law, or a Sentence | <del>power. And, I think, our Author</del><lb/> | ||
<del>should have carefully distinguished</del></p> | |||
<pb/> | |||
<p>Is it done in their legislative capacity<lb/> | |||
or not? if it be, it must be a Law, for <del>it is</del> a declaration of the<lb/> | |||
will of the Legislature, is a Law. If it is not, if in this act <lb/> | |||
the legislative power is laid aside, & the judicial power only assumed <lb/> | |||
then it is a sentence. — But whether it be a Law, or a Sentence <lb/> | |||
it is a very bad thing. — <add>In the one case it is an abuse of the Legislative</add> <del>And if our Author has a mind for</del><lb/> | it is a very bad thing. — <add>In the one case it is an abuse of the Legislative</add> <del>And if our Author has a mind for</del><lb/> | ||
power: in the other a | power: in the other a Judgment pronounced by an incompetent <del>court</del> <add>tribunal:</add><lb/> | ||
<del>a new name he has any good</del> <add><del> | <del>a new name he has any good</del> <add><del>Such an act does not deserve the name</del></add><lb/> | ||
If our Author will give it a new name <lb/> | If our Author will give it a new name <lb/> | ||
< | he has my free leave: <add><del>leave to call it an extralegal Act</del></add> let him call it if he will an extralegal Act<lb/> | ||
<del>leave to call it an extralegal | <del>of a Law, <gap/></del>, not because its operation is spent upon a single person, but <lb/> | ||
<del>because the master is not a proper object of Legislation. It ought</del><lb/> | |||
<del>of a Law, | <del>not <add>even</add> to be called a Sentence, — because it is not, <add>before cannot be before</add> between</del><lb/> | ||
a competent Judge. It is an extra-legal Act, which no <add><del><gap/></del> nothing</add></p> | |||
<head>78)</head> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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)
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Identifier: | JB/096/031/001"JB/" can not be assigned to a declared number type with value 96. |
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096 |
comment on the commentaries |
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031 |
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001 |
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collectanea |
2 |
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recto |
c78 / c79 |
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168 |
[[watermarks::[quartered royal arms motif]]] |
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[[notes_public::"to be copied" [note not in bentham's hand]]] |
31035 |
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