JB/028/153/003

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3)

Common Law. Particular Customs.

of London are confirmed also by Act of Parliament.

To this head continues our Author, may most properly
be referred a particular system of customs
used only among one set of his the King's
subjects, called the custom of merchants or Lex
Mercatoria; which however different from the common
Law, is allow'd for the benefit of trade, to
be of the utmost validity in all commercial transactions;
the maxim of law being, that "cuilibet
in suâ arte credendum est."

So says To this head, thus it seems, namely that of particular customs our
Author would refer the system of customs used among
merchants: but with what propriety I do not altogether
understand. By Merchants he means, I suppose Traders:
Traders wheresoever settled throughout the Kingdom[a] [a] Here insert p No 7. P.2 Inserenda.
Now the class of Traders will be thought allow'd to be at least as
numerous I believe, as that of Landholders. If
then the customs relative to the mode of succession
among landlords, observed by landholders, are general customs, why those relative
to the modes of contracting observed by Merchants
should be less general, is what I do not see.

Here if our Author would have favoured us with an
example or two we should have been much obliged
to him.

What distinguishes a Trader from another man,
is the frequency of his entering into the contracts of
buying and selling, particularly the latter. Not that

Identifier: | JB/028/153/003 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	153	Info in main headings field	common law particular customs
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	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9418
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