JB/028/163/001

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13)

Common Law. Particular Customs. Rules.

or "undisputed" as less in this sense place than the
word "peaceable". Our Author here puts a case of an a
immemor dispute at law subsisting immemorially,
a his immortalis. I hope for the honour of the Law such
a case is not easy to be found realized. One cannot
think of it without horror.

The 4th Rule he gives us concerning "Customs", is that
"they must be reasonable; or nothing", as he modifies it,
"taken negatively, they must be not be unreasonable".
Let us hear him out. "Which is not always", continues
he, "as Sir Edw. Coke says, to be understood of every one
"learned man's reason, but of artificial and legal
"reason, warranted by authority of law". By this we learn
that they must be such as a man would like: Or rather
continues he taken negatively, they must not be under not unreasonable;
that is, as we now understand, they must be a least such as
a man would not dislike. "But this" continues our Author is not always
continues our Author as Sr Edw. Coke says, to be understood
of every unlearned man's reason, but of artificial
and legal reason, warranted by authority of
law: By this sage and astute remark We must now at last understand that what another man
might think of them is of no consequence, they must
be such as a Lawyer would not dislike. Now then
what are the circumstances belonging to in the character of a custom, that,
(to judge from past decisions), would dispose a Lawyer
not to like it. To ascertain them would be a work
of great instruction, but of no small difficulty. Accordingly
our Author washes his hands. On this, as on
so many other occasions, our Author puts us in mind of

Identifier: | JB/028/163/001 "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	163	Info in main headings field	common law particular customs - rules
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b13 / e14 / b15 / e16
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9428
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