JB/116/154/001

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25 July 1802 N. S. Wales 2

In the Bill of rights I read in two propositions

1. That By Art 4. F levying money for or to the use of the
Crown, by pretence of prerogative, without grant of Parliament,
for longer time, or in any other manner than
the same is or shall be granted — is illegal.

2 That by Art. 6 The keeping up raising or keeping
a standing army, within the kingdom, in time of peace
unless it be with consent of Parliament, is against Law. +
+ 1 W. Joss. 2.c.7. §.1.

Considering these two passages In these two passages Were we to confirm Confirming our consideration
of the Act in respect of these two passages to the mere letter, it
might be observed that in regard to the first, if no
money were to be actively raised for the use of the Crown in the conquered
Colony, so long as that were the case, so long might
the acts of the Crown legislating over it be legal — this article notwithstanding.

In regard to the second — a narrow sense might
be endeavoured to be put upon the word kingdom, by
confirming the extent of this remedial part of the law
to the precise extent of the preceding hyboreal part of it
the army which constituted the particular being
the army kept up on England by the abdicated King.

But the spirit surely, and rather not the mere letter of the
Act in such a case is surely the proper standard: and
in the present case that spirit is not dubious.

How is it possible for Parliament to know In case of a dispute power possessed by the King over a
liking of a certain dogma of extent and opulence, how would
it be possible for Parliament or any body else to know
easy would it not be for his instruments, by indirect so
many indirect means as the history of arbitrary power
in this and other countries has furnished to obtain among
almost without the knowledge of any body, much less without the formal
proof obtained by Parliament. And what an event would there
be for the obligator legality or illegality of the laws of any
country
country to depend upon?

Identifier: | JB/116/154/001"JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-25	Marginal Summary Numbering	4-6
Box	116	Main Headings	panopticon versus new south wales
Folio number	154	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] 1800]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	37687
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