JB/028/174/001

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Common Law. Particular Laws.

"The third branch of them" (meaning the leges non scripta)
says our Author, "are those peculiar laws, which by custom
"are adopted and used only in certain peculiar courts and jurisdictions.
"And by these I understand the Civil and Canon
"laws."

"It may seem," (continues he) "a little improper at first view to rank these
laws under the head of leges non scripta, or unwritten Laws,
seeing they are set forth by authority in their pandects,
their codes, and their institutions; their councils, decrees, and
decretals; and enforced by an immense number of expositions,
decisions, and treatises of the learned in both branches
of the law. But I do this after the example of
Sir Matthew Hale, because it is most plain, that it is
not on account of their being written Laws, that either
the Canon Law, or the Civil Law, have any obligation
within this kingdom: neither do their force and efficacy depend upon their own intrinsic authority; which is
the case of our written Laws, or Acts of Parliament.
They bind not the subjects of England, because their materials
were collected from Popes and or Emperors; were digested
by Justinian, or declared to be authentic by Gregory.
These considerations give them no authority here;
for the legislature of England doth not, nor ever did,
recognize any foreign power as superior or equal to
it in this kingdom, or as having the right to give law
to any, the meanest, of its subjects. But all the strength
that either the papal or imperial laws have obtained
in this realm, or indeed in any other kingdom in Europe

Identifier: | JB/028/174/001 "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	174	Info in main headings field	common law particular laws
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	in 2 pieces	ID Number	9439
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