JB/028/147/003

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11)

Common Law. Reports and Treatises.

Common Law will step in and says "No: for of Reports
"some are licensed; others not: The license draws the
line". How If the usage indeed there were any such usage in Courts of Justice as
not to suffer those which are not licensed to be quoted;
there might be something more in the objection: but this is
not the case. The antiquity and reputation of the
Author being given, there is very little question whether
licensed or unlicensed. I say nothing here of Sr James Burrows's. The author
has the demerit of being living: and the further demerit
of recording the transactions of Judges who ae
living too also . I will go far enough take care and go back far enough.

The Reports of Report are licensed:
those of Shower are not. Should they ever come
in competition, will anyone say that the authority
of the Shower weighs the least? I believe hardly.
I believe on the contrary there are few perhaps none perhaps none either on the
Bench or at the Bar, who would not be ready to
give more weight to the latter than to the former.

What is curious in this business is,
From what has been said thus much I trust is manifest
that this whole subject affair of authority remains
in that "glorious uncertainty" in which Lawyers are
accustomed with so much tranquillity to behold every
object [around them] they are concerned with, plunged.⊞ ⊞ To p.12

What is curious in this business is, to observe in see
merit growing what manner [how it grows out of antiquity. A writer whose
sense work if living no Judge would endure to hear of
[vouched for a point of Law,] place him a little a few years higher

Identifier: | JB/028/147/003 "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	147	Info in main headings field	common law reports and treatises
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b9 / e10 / b11 / e12
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9412
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