JB/028/139/003

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7)

is had, when any critical question arises, in the determination
of which former precedents may give light
or assistance. He might have added for the instruction
of the student, what is most true, that stringent what
at part of every such in such a record contains is contains nine tenths of it notorious falshood,
and not a syllable of reason: a great deal of what
was never said upon the occasion, and not a syllable
of what was.

And therefore, continues our Author, even so early as
the conquest, we find the "præteritorum memorda eventosum"
reckoned up as one of the chief qualifications
of those, who were held to be "legibus petria
optione instituti". And so it is, (he might have
added) now: but a ver different "memorige" from
any those records can give: magazines of lies,
and engines of confusion.

Our Author now proceeds to let us understand what how it is
that Judges guide themselves by govern [found] themselves one in making these decisions.
In landing upon which important point subject, not being able
(as indeed who is able) see see clear, he displays plays off ⊞ <note><hi rend="superscript">⊞ to the best advantage</note></hi>, every
hereditary art to prevent us from finding out his
blindness. "for it is an established rule", continues he,
"to abide by former precedents, where the same points
"come any again in litigation: as well to keep the scale
"of justice even and steady,⊞ ⊞ and not liable to waver with every judge's opinion, as also (for the same reason another reason which is the same over
"a gain in other words) because the Law in that case being
"solemnly declared and determined, what was before
"was uncertain, and perhaps indifferent, is now become a

Identifier: | JB/028/139/003 "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	139	Info in main headings field	common law judicial decisions
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9404
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