JB/028/154/002

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6)

Common Law. Particular Customs.

Be this as it may the Custom of Merchants, different
as our Author conceives it to be, is allow'd to be of
valid; of the utmost validity says our Author, as if it could be more the in validity than
degree or less valid, or as if there were any medium between
[their being] valid and not valid. And here a sage
maxim of the Law is introduced, not clothed in
wonder-working Latin. "The maxim of law being says our Author that
"cuilibet in suâ arte credendum est." but to what purpose
introduced, or how it doth apply, is what I must confess I cannot very
clearly see. If the business had been to justify the
calling in traders to prove what is the whether such or such a custom
among them t is [subsists] has subsisted, the maxim had been well applied,
but to apply it to justify the making such a custom
obligatory seems more than it very plainly warrants appears to warrant.
To prove the existence of it in a practise is
one thing, to prove the expedience of establishing it by force
of law is another.

It may be very true that by virtue of experience and reflectionTo prove the existence of it in a practise is
one thing, to prove the expedience of establishing it by force
of law is another. this sort of persons like any other
they may be the readier to understand what is best for them,
than strangers,
but this [surely] is more than the maxim intimates.

Identifier: | JB/028/154/002 "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	154	Info in main headings field	common law particular customs
Image	002	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	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9419
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