JB/028/165/004

Click Here To Edit

24)

Common Law. Particular Customs. Rules.

one. You want to prove it good. It succeeds to admiration
Id certum est quod certum reddi potest.
Therefore a Custom to pay a year's improved value
for a fine is good: for the value may at any time be
ascertained: certainly by looking at the lease.

Now try it upon another which is a bad one. You want
to prove it good. It succeeds equally as well. Id
certum est quod certum reddi potest, therefore a custom
to pay in lieu of tithes whatever the occupier
of the land pleases, is good: for what he pleases to pay
may at any time be ascertained: certainly by his
telling you.

The 6th Rule our Author gives us is one that to judge of it by itself
is not true; is not warrantable by any decisions
that can be produced: to judge of it by example, it
is the with the preceding last mentioned rule over again,
"Customs", says he, wh "though established by consent,
"must be when established, compulsory; and not left to
"the option of every man, whether he will use them
"or no". This notion of legal obligation starting up
in the way of equivocal generation without a productive
cause is somewhat whimsical. With so sound
a theist as our author, one would imagine, that had
he been thinking when he copied, it could not have passed.
He is speaking we are all alas not fail to remember of the condition a
custom is in when presented for proposed in a superior Court for
legalization. Now then says our Author he, to be a good
custom, it must even at that period be compulsory.

Identifier: | JB/028/165/004 "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	165	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	b21 / e22 / b23 / e24
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9430
Box Contents