JB/028/147/004

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12)

Common Law. Reports and Treatises.

becomes invested with the robe of authority, and takes
his thus when a matter dignified with the ] seat among⊞ ⊞ our Author's the venerable sages of the Law."
⊞⊞ When it is that a book is exactly old enough and exactly judicious enough to become authority, it is not easy to say. However In general perhaps it may be said that the weight
of a writer's authority is in the conjunct ratio
of his supposed intrinsic merit and his antiquity: but a certain
degree of antiquity is an [an indispensible] requisite
not to be dispensed with.† † BC. 1 1/2 Century – Sr E. Coke. In treatises, considered
as aids to conjecture, it is not any degree of merit superiority perhaps
perhaps of merit that would give the authority of a living
writer the preponderance over that of a dead one.

Lawyers with respect to their sages as they call
them seem to have done by tacit agreement
what the Popes in respect of their saints have
done by an established a particular an express rule; deferred their canonization
till those who could give testimony of their frailties are shall be no more.[b]

⊞ ⊞ From p.11 At the same time it will serve to confirm what has was has
been be intimated in another place, that the By the
Common Law consider'd as an assemblage of words
case be meant nothing less than the entire and indiscriminate collection
of what-ever has been written on the subject. The
weight of a written authority throughout encreases and decreases by degrees gradations
so insensible and so indescribable, that it is impossible
to give a rule for excluding any one work
from the list number, so as to begin of its not as pretending
another some other plan any where draw the line so as to exclude any,
without including some others whose title to admission
for nothing which can distinguish it to advantage is as equivocal as that of at least [of the former] that
are excluded.

Identifier: | JB/028/147/004 "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	004	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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