JB/028/161/004

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8)

Common Law. Particular Customs. Rules.

any of t all that variety of phrases of which "memory" is
the leading term. If this or

If the only evidence admitted on either side were direct
oral evidence, that would reduce time of memory to a
very short period; to to within the compass of the life of
the oldest man in the place in question who happens to remember
any thing about the matter: At the utmost
to within the compass of a single life. But at it
for is well known that at present at least, in point
of practise, hearing traditionary evidence along with direct is
admitted in proof or disproof of a custom: and written
as well as oral. Now comes the difficulty we started
in a former chapter. If any written evidence whatsoever at any length
distance whatsoever were to be admitted in proof of a
time when such a custom could not have subsisted,
this would demolish a great part of if not all the
customs that can be mentioned we know of. For allowing it to have
subsisted in the place in question from the time of the
Romans, it we may shew that it could not have
subsisted in the time of the Saxons, or if in the time
of the Saxons not in that of the Romans, or if in
that of the romans, not in the time of the Brittons
and so on. The only basis way of solving it that can be drawn, I apprehend
is this. To support the custom recent evidence
is necessary: this antient is out of the question.
To overthrow it, that antient evidence alone shall be admitted
which tends to represent the state of custom
behalf in question as it has subsisted in the particular place in question.

Identifier: | JB/028/161/004 "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	161	Info in main headings field	common law particular customs - rules
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 symbol]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9426
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