JB/028/148/003

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3)

Common Law. How far consented to by the people.

If it be possible it is a matter he should have explained
to us, how it is, that the Written Law & Custom shold
go on in concurrence, cheek by Jowl, governed exercise
dominion different yet consistent over the same modes of conduct [ruling it over
the same causes' and like the Kings of Brentford, smelling
at the same Nosegay.

The written Law may be said to be different with
respect to any mode of conduct, when there is no regulation
of written Law relative to concerning that mode of conduct
that is either commanding, forbidding, or [by express words]
permitting it. This then according to our Author is the case with every mode
of conduct with respect to every which Custom was
adopted by the Roman Judges. This Custom
here spoken of we must distinguish as usual into
Custom in pays, and Custom in foro.

First with respect to a Custom in pays. They never
legalized or made any habit of conduct, which the Statute Law by
had by any express article of the Statute Law had
been either. To legalize is to a habit of conduct is to punish
the non-observance of it. In the first place then, They never then punished
the non-observance of any habit of conduct [in the people]
when it was forbidden to be observed or left free
to be observed by the Written Law: but secondly,
no more did they even where forbidden to be observed; that
is neither under any other penalty than that under which
it was so forbidden. For to have punished it by
the same penalty under which it was forbidden, is its by the

Identifier: | JB/028/148/003 "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	148	Info in main headings field	commons law how far consented to by the people
Image	003	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
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