JB/028/166/001

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25)

Common Law. Particular Customs. Rules.

"Though established by consent, it must (when established)
be compulsory." Now then what is it that is
to have established it? Consent? are consent then
and compulsion then the same? Is it the same to consent
to do a thing, and to be compelled to do it? Of
the way in which an custom act or a custom originally
spontaneous becomes may be provisionally legalized, and
thereby become compulsory: viz: by the proceeding act of
an inferior local jurisdiction, of the way so often mentioned
by as our Author has we may see, no notion. So
⊞ ⊞ Purely spontaneous there must be none. They must be all compulsory. And they must So that a notion must absolutely have become compulsory
without a cause. Meantime admitting the above
cause, that the this should be the case with all customs is impossible. Some
customs there are that at the time of their being
proposed to a superior court for legalisation must
be purely spontaneous: Because there is no expence to legalize
them lies not within the competency of any local
jurisdiction. Such as that those concerning Tithes.

So much for the Rule. Now then for the example. "Therefore
"a custom", continues our Author, "that all the inhabitants
"shall be rated toward the maintenance of a bridge, will
"be good; but a custom, that every man is to contribute
"thereto at his own pleasure, is idle and absurd, and
"indeed no custom at all." He might have gone as well
have said, is bad for its uncertainty indeed much better if, this custom, as of as former one before
instanced that it is bad for its uncertainty. And
indeed to look at it, we may observe that it is exactly
of a price with the custom of which that observation was
made. If the mere spontaneity of the contribution were all that was should

Identifier: | JB/028/166/001 "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	166	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	b25 / e26 / b27 / e28
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9431
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