JB/096/031/001

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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

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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. — 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.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	comment on the commentaries
Folio number	031	Info in main headings field
Image	001	Titles
Category	collectanea	Number of Pages	2
Recto/Verso	recto	Page Numbering	c78 / c79
Penner	168	Watermarks	[[watermarks::[quartered royal arms motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"to be copied" [note not in bentham's hand]]]	ID Number	31035
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