JB/028/125/001

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25)

Common Law.

or the Jews. If he means one which that provision
of our Common Law by which money the lending of
which is evidenced by the particular instrument
called a Bond is contradistinction to a note of hand
is recoverable by the particular mode of procedure called
an action of Debt in contradistinction to an action
of Indebitatus assumpsit, I doubt he must stop very
far short of Saxon times.

A The 15th and last he gives us is, that which opinion that according to which
breaking the public peace is an offence, and punishable
by fine and imprisonment. This might be considered
as spoken to under the 8th article. Breaking the
public peace is one of those loose and metaphorical expressions
of which it were to be wished our Law were purged. Striking in public I suppose he means, or more generally striking, or attempting to
strike. This crime our Saxon ancestors punished
Twas by by a fine certain that this offence was punished by
our Saxon ancestors, and not by a fine discretionary
and imprisonment. Thus ends the list of the "doctrines
"depending upon an usage that our Author would make
us believe is "immemorial": – of higher antiquity than
"meaning or history can reach".† † p.67.

One thing I will hear mention; that all possible justice [and even favour] may
be [done shown to] our Author⊞ ⊞ that all possible light may be thrown upon the subject; and that the title pretensions these or any other specimens
of the present Common Law can have to the epithet "immemorial"
may be placed in the purest point of view. The sense

Identifier: | JB/028/125/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	125	Info in main headings field	common law
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b25 / e26 / b27 f27 / e28
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9390
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