JB/050/072/001

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CERTAINTY NOTORIETY Non-publication FORM of Cn.LAW.

It is curious to observe how use will reconcile men to practises which they will under another other means
not simple to censure [and situations which they will not fail to complain
under] [as well as with what tranquillity they will at length trudge on in the midst of
confusion which they have been accustomed to put themselves to put up with as irremediable, because
no one has proposed a to remedy it.] If there be such a practice [unanimously and
decidedly reprobated] in the whole circle of Jurisprudence it is that of deciding
past controversies by ex-post-facto laws; yet no one can have bestow'd ever so little
attention to the Law attendance on the Courts of Law but more especially of Equity especially without being
a witness to decisions of this kind — When all the citations arguments & citations from known &
printed cases reports have been spent, & the matter was ripe for a decision, [on a
sudden] some of which no body was aware shall be produced & disinterred disinterred from the obscurity in which it lay had lain shall be produced
by which the decision to be pronounced shall be absolutely governed, & all that
has before been said could written as far as concerns the subject in hand be converted into so much paper & waste-paper.

Now this case being left to as soon as born till chance awaken'd it into
[action] efficacy & being therefore is such as what the party had no opportunity to of consulting it whereby
- to govern the act that produced the litigation, bears [in on it] the very characteristic
and offence of that kind of Law, if it is to be true the old Law be a true one, that not to be present, is the
same as not to be. It is mere pedantry & quibble is it to recur here to the
common-place distinction between "jus dicere" & "jus dare", between interpretation
and enactment+, when the case, call it what you will, has governed absolutely
the decision, & a statute in all its the could have done no more.

where this, as well as any Statute, bring known at one , would have saved the party on whom it
depended from engaging it unsuccessfully taking action, & at another plan doing that act which beg it and

Tis for this reason, the compliments which Judges will sometimes pay to the
industry of a young Advocates whose industry or good fortune has displaid itself in the of one treasure of that sort
thus display'd, have never failed to convey to my
apprehension, a surer & merited reflection on the Law.

That it would impose no objection which does not (as as been shewn) subsist already
in full form, nor inflict any governance that the obligation to do as they with power is more generous than
without it.

this authority
which being frugally exercised in making
between how in different of an
alternatives

Identifier: | JB/050/072/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	072	Info in main headings field	certainty notoriety non-publication form of cn law
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::j honig & zoonen [lion with vryheyt motif]]]
Marginals		Paper Producer	cc1
Corrections		Paper Produced in Year
Notes public		ID Number	16063
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