JB/028/138/003

Click Here To Edit

3)

Common Law. Judicial Decisions.

to this question,⊞ ⊞ the word "known", I take it is put for "made known" and "by", I take it is put for "by means of".
What we are to understand is, not that it is the Judges
that are to know these Customs, but that it is
they that are make it them known: that is, I suppose,
to the people. Taking then Applying then the question
to Customs themselves, spontaneous customs in pays,
the question, we see, is nugatory enough. And the answer
is like ante it. These customs are to be made known
to the people, who know them already, by the
Judges, who unless in virtue of heir being part of
the people, do not know them. Applying it to
judicial acts such as may have served to
legalize such customs, thus applied indeed the question
on is very natural and very material: but
a question to which it is a very lame answer
that can be given. How are these acts to be made
known to the people by the Judges whose acts
they are? How are they, or how ought they to be?
Two I will answer both these questions. They are
made known thus. The Judge in a narrow, ill-contrived
room, where a hundred perhaps can
see, where fifty perhaps can hear, where twenty
perhaps can bestow themselves at such ease as
to profit from their hearing, pronounces announces these judicial
acts vivâ voce: Of these twenty, if any one
publish what is announced, he is to be punished: so saith
the Law.† † See Sr J. Burrows's Preface to his Reports. There it is that the acts of Judges are made

Identifier: | JB/028/138/003 "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	138	Info in main headings field	common law judicial decisions
Image	003	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9403
Box Contents