JB/028/142/001

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13)

Common Law. Judicial Decisions.

The next thing our Author does is to teach a Judge
th that is self-willed, by what sophistry he may gild varnish
over his presumption. "But even in such cases,"
continues he, "the subsequent judges do not pretend to
"make a new law, but only to vindicate the old one
"from misrepresentation. For if it be found that the

NOTE continued

the Law of Moses. Moses is severe against Witchcraft.
Now this he would not have been if Witchcraft had not
been common. Besides there is abundance more about Witchcraft in the Bible. Now Witchcraft having been common
then, why should not it be common now? Being
satisfied of there being such a thing it was an easy
matter to find instances of it. Our Author is a believer
too in witchcraft.† † See Vol. IV. Who could choose but be so,
when Addison was so and Hale?

TEXT resumed

"former decision is manifestly absurd or unjust, it is
"declared, not that such a sentence as bad law, but
"that it was not law; that is, that it is not the established
"custom of the realm, as has been erroneously
determined."

☞ Here insert Inserenda p.1. No 1.

And it is this miserable sophistry⊞ ⊞ and speaking of the Common Law that is to justify sanctify† † give a relish to all that froth
all that distinguished doting pedants have drivelled out upon it
in the way of panegyric. "And hence" ... our Author yes
"hence ... it is" continues he that our Lawyers are with justice so
copious in their encomiums on the Common Law;

Identifier: | JB/028/142/001 "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	142	Info in main headings field	common law judicial decisions
Image	001	Titles	note continued / text resumed / note / note
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	9407
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