JB/028/175/003

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7)

Meantime if Judges can not⊞ ⊞ what as our Author would have it they do made that not to have been
an authoritative expression of Will which has been,
they can do another thing which is the reverse, which is and make that to
be of an authoritative expression of Will which
before has not been. And this is what our Judges
do when they adopt as binding [giving rule] the
commentaries on and other unauthoritative parts of the
Civil Law. Taking these Commentaries in terminis
they make the times of them a text of the text of a Law as much
as the Institutes and Digest are, on which they are
commentaries –

Neither text nor commentaries has any binding force here
of itself; but to one as well as another they may give
all the binding force that which their own will has.

What I give for in which that of Common Law I give in
the words either of where from some printed book, or in my own.
If from a printed book they are the words either of the
author [editor] of that book, or of some Judge whose
words they impute to be. If of a Judge, they are all
up spoken of the case directly before him, or said
argued of with reference to other cases supposed analogous.

A rule of Law must be predicated of some certain assemblage of words. It never can be predicated
of a bare assemblage of actual ideas. It is words only
that can be spoken of as heading: because it is words
only alone that are producible with certainty when the occasion
case comes for an any individual to be bound.

Identifier: | JB/028/175/003 "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	175	Info in main headings field
Image	003	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		Paper Produced in Year
Notes public		ID Number	9440
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