JB/028/148/001

Click Here To Edit

1)

Common Law. How far consented to by the people.

"The Roman Law, continues our Author, as practised in
"the times of it's liberty paid also a great regard to custom;
"but not so much as our Law: it is only then adopting
"it, when the written Law was deficient". This passage
runs sweetly very smooth; but the meaning of it I must confess
myself altogether at a loss to fathom. I shall
not begin to with enquiring in what of it's [several]
senses the word Custom is to be understood here; let it be
understood in which it will, something seems if we may
believe our eyes seems here intimated of it, which must
be true of it in any one. "Custom" by "The Roman Law", was "adopted"
"only", when the written law was deficient". 'The regard
'our Law pays to it is greater'. How greater? I find
it difficult to conceive, unless it by By adopting it in
preference to, in despite of the written Law? so one should we might
[be apt to understand] suspect, were we to stop & lok no farther
than this sentence. But our Author goes on — "Though
"the reasons alleged in the Digest will fully justify
our practise, in making it of equal authority with,
when it is not contradicted by the written Law." Here
we are turned round again & given to understand, that
when contradicted by the written Law it is not of equal
authority, that is it is of none at all. Here then we
find ourselves between two streights. The Roman Law
did adopted Custom when the written Law was different;
we do not adopt it when the written Law was is contrary.
And yet in the regard we pay to Custom is greater,

Identifier: | JB/028/148/001 "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	148	Info in main headings field	commons law how far consented to by the people
Image	001	Titles
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	9413
Box Contents