JB/028/118/004

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8)

Common Law.

The misfortune is, that what he has said of the whole
immediately before and after these examples, is, with
respect to about almost every one of them, palpably not true.
This we shall see presently: but in the mean
time let us [not forget to] confess our having this obligation
to him, that tho he has done nothing towards
making the nature of it known to us by any explanation
he has given, he has in the articles we have seen furnished us with some
well not ill-selected specimens, I mean the articles we have
seen, by the due consideration of which we may
be enabled to do it for ourselves.

These are the specimens of which our Author scruples
not to assure us that "for their support" "they depend"
"upon" an "usage" that is "immemorial". These are specimens
of that collection of "maxims and customs which
though pro most like probably founded (p.67) on a art code
of Laws part framed and part compiled by Alfred, yet
least we should not think them old enough, this should not make them old enough is,
he assures us, as to the articles of it "the customs
"and maxims" themselves themselves, that have been "so collected", "of higher antiquity
"than memory or history can reach: of much higher
antiquity therefore than Alfred's time. And this we
are to understand not only 1st of General customs which
are the ones from the Common Law properly so called, are the universal
rule of the whole kingdom, and form the Common
Law, in it's stricter and more usual signification: but
also 2dly of Particular Customs; which for the most part
affect only the inhabitants of particular districts; & 3dly
of certain Particular Laws; which by custom are adopted

Identifier: | JB/028/118/004 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	118	Info in main headings field	common law
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f5 / b6 / f7 / b8
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9383
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