JB/028/125/003

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27)

Common Law.

as to the greater part; acknowledging only that "by the intermixture
"of adventitious nations, the Romans, the Picts,
the Saxons, the Danes, and the Normans, many of the
"customs" of those nations must have been incorporated with
"those that were before established".† † p.64. However some of
these customs he allows of as being of a date commencement so recent
as that of the introduction of the Normans; which at
the same time he [looks upon as good ones.] does not mention as furnishing any obl objection to their validity. In consequence,
while so long as he continues in this mood, he is not to
be understood as meaning to subscribe to the putting of that strict sense
of upon the word "immemorial" that we have been speaking of.

Any so For a Custom (it may be observed in his behalf) to be properly spoken of as "immemorial"
it may be is sufficient if at the same time, the commencement
of it is antient, and the precise time at
which it commenced does not appear. In other words
it is sufficient if its of qualities two things can be said of its original: 1st
that it is antient: 2dly that it is obscure. All this I may be very well:
but to what degree of antiquity it to be wished it must be antient – is what still remains
he to settle to be settled
before the word "immemorial" can be said to have a meaning.

I said "so long as he continues in this mood": which is not
long. Even from this plea, such as it is [for the application
of the word immemorial to customs such as our Common
Law consists of] he has in the course of 12 pages, debarred himself.⊞ ⊞ In p.76, he comes to treat of the properties of a custom Copying still, and still without thinking [still diligent
to copy, and still resolute not to think] he there says that
which estopps him from professing to
consider that any thing as a custom as a good one, of which it can be shewn
that there was a time, any time when it did not exist".

Identifier: | JB/028/125/003 "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	003	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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