JB/028/135/002

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14)

Common Law. Division of it into Customs and Maxims.

I come now to the our Author's 2d example given by our Author
of a Maxim. No man is bound to accuse himself.
Of this, as ever after having been so full upon the other, our
account need be but short. To be bound to do a
thing is to be liable to punishment on for not doing
it. To accuse The expression is elliptical: to have
a full view of it we must fill it up. To accuse
one's self is to accuse one's self of something: of
having committed something: that something is an offence,
an act of the sort of some of those acts for doing
of which he that does them is liable to punishment
by Law. To accuse ones self is of an offence is
to confess the having committed it.

The maxim, to judge of it strictly of it, is far from being
universally true a true one. [holding good universally]. Deplorable
indeed would be the state of our Jurisprudence if it were.
The whole practise of the Courts of Equity forms a
vast exception to it. The delinquencies with respect
to which it holds good are such only as are
punished by punishment of the extraordinary kind.
It extends not to such as are punished guarded against by no other than [punishment
of] the ordinary kind punishment only, such as breaches
of contract for example, and invasions of property
with pretence of title, such as are punished by restitution,
or compensation, together with costs of sait.

Identifier: | JB/028/135/002 "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	135	Info in main headings field	common law division of it into customs and maxims
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b13 / e14 / b15 / e16
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9400
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