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<del>"to the community in general." When he adds</del><lb/> | <p><note><hi rend='underline'>To be copied</hi></note> <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 Sentence than a law."<lb/> | "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/> | ||
bolder <sic>stile</sic>, and as become a man and a<lb/> Citizen.<del>Though this be an</del><add> It certainly is an</add> act of the Persons,<lb/> | bolder <sic>stile</sic>, and as become a man and a<lb/> | ||
Citizen. <del>Though this be an</del> <add>It certainly is an</add> act of the Persons,<lb/> | |||
in whom the power of legislation is<lb/> | in whom the power of legislation is<lb/> | ||
vested: <del>yet it is not properly an act of <del>the</del></del> <add> | vested: <del>yet it is not <del><add>a prop</add></del> properly an act of the</del> <add>the</del><lb/> | ||
<del>Legislature or at least not of the Legislature</del><lb> | |||
<del>alone. For in such an act, these persons </del><lb> | |||
<del>do, either lay aside their Legislative powers,</del> <lb> | |||
<del>or do assume, and super add to them, the judicial</del><lb/> | |||
<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/> | 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> | 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> | 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> | 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, <del><gap/></del>, not because its operation is spent upon a single person, but <del><lb/> | <del>of a Law, <del><gap/></del>, not because its operation is spent upon a single person, but <del><lb/> | ||
<del>because the master is not a proper object of Legislation. It ought</del><lb/> | |||
<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> | |||
<pb/> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
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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<lb>
alone. For in such an act, these persons <lb>
do, either lay aside their Legislative powers, <lb>
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 <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 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)
---page break---
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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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