JB/057/050/001

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8 Aug. 1804
Procedure

Ch.

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Sources of the COMMON LAW. from Coke Littleton §§.3.p.11

For the Common Law his (Littletons) proofes and arguments are drawn
from 20 severall fountaines or places:

1. From the Maximes, principles,
rules, intendment and
reason of the Common Law
which indeed is the rule of the
law, as here, and in other
places our author doth use.

2. From the bookes, records, and
other authorities of law cited
by him, ab authoritate ib
pronuntiates:

3. From originall writs in
the Register. a Fescriptes
valit argummentum.

4. From the forme of good
pleading.

5. From the right entry of
judgements.

6. A praecedentebus approbates
et usea from
approved precedents and
use

7. A non usea from not use.

8. Ab artificalibus arguments,
consequentibus
et concluamibus, artifosill
alitive arguments, consequents
and conclusions.

9. A communi opinium
jurisprudentum from
the common opinion of
the sages of the law

10. Ab inconveniento
from that which is
inconvenient

11. A divisium from
a division, vit ab
inumeratium partiam
12from the numeration
of the parts.

12. A majore ad minus, from the greater
to the lesser, or from the
lesser to the greater — a
simili a

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1. Maxims 12

In this farrago the
word maxims has a determinate
import: by principles
are meant the same
sort of propositions as
are meant by maxims,
but considered in respect
of the use and application
made of them. The rest
is a mixture of tautology
and nonsense

2

13. Ab impossibi from
that which is impossible

14. A fini — from the
end.

15. Ab utili vit inutili
— from that which is
profitable or unprofitable

16. Ex absurdo for that
therefore shall follow
an absurdity, quasi
a surdo protateum —
because it is repugnant
to understanding and
reason.

17. "A natura" et ordinatura
— from nature
or the course of nature.

18. Ab ordour religionis
from the order of religion

19. A communi praesumtione
— from a
common presumption.

20. A lectionibus juris proclimatium
— from the
readings of learned men
of laws.

Identifier: | JB/057/050/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-08-08	Marginal Summary Numbering
Box	057	Main Headings	procedure code
Folio number	050	Info in main headings field	procedure
Image	001	Titles	sources of the common law from coke littleton
Category	collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18380
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