JB/028/149/004

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8)

Common Law. How far consented to by the people.

Custom "then only", "when the written Law is
"deficient", makes "it of equal authority with where not
"contradicted by the written Law".

Whether the notion here given of the regard paid by Judges to
Custom or to speak more properly to unwritten
Law in comparison with that paid by them to
written Law be just or no, [I must leave it let the experienced
judge to the expert to judge] thus much must appear
that this it is in judgement a notion which what
our Authors words [account of the matter], are [if at all], very imperfectly, if
at all, calculated to suggest.

Of "This practise", our Author thinks he has found a
"full justification." Their justif It is contained in
the "reasons alleged" in a passage of the Digest
which he here translates. For since, says Julianus,
the written Law binds us for no other reason
but because it is approved by the judgment
of the people, therefore those laws which the people
have approved without working ought also to bind
every body. For where is the difference, whether
the people declare their assent to a law by suffrage,
or by a uniform course of acting accordingly? Thus
observes concludes our Author did they reason while Rome
had some remains of her freedom;⊞ ⊞ Here insert Inserenda P.1. No 1. . It must
be acknowledged positions built upon the post sentence of this passage
coming out of the mouth of the tithed slave of a Roman Emperor is not
a little singular: though what "remains" "Rome had"

Identifier: | JB/028/149/004 "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	149	Info in main headings field	commons law how far consented to by the people
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9414
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