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 reignso
admirable for it's political executive vigor, && so blameable for it's oeconomical blunders &
oppressions. The penalty is 40d 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 Parliament
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
StatuteLaw. A small & short-lived guilt is to be punishedstill — but a long-continued guilt [on a sudden] into innocence. 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
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
other such examples which from the alarm they spread are multiplied into more, that
men *** (Square with cross in middle) seek in vain to guidefashion their
footsteps by the Law. Who 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
the vices of that a Statute
concerning the effect of any statute
whatsoever other such examples which from the alarm they spread are multiplied into more, that
men [insertion of marginal note noted by the four square an? are? warranted to] complain they can never be spared from the base view of a
in a Statute whether it be that is to obtainor it's contrary that , whether it be it's contrary.
Whether the mischief of the improvident?? act of legislation or of the violation of judicial duty that
been opposed to it supposing the latter had worked in would be the greater may not perfectly, is what I shall not
upon meeasy to determine; but it becomes much less difficult when we consider the
it's my if only in to a few a slight degree, and that it is calculcated for that it
to seduce many into danger by the prospect of that first
to which before they arrive they may be intercepted
But that in general the efficacy of the regulation towards the the purpose [designed ] is
most vain, and it's in a free competition in most cases unskillfulness will draw on it it's own
TRADING Unapprenticed. [ P A .]

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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