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12
Of the Principle of Utility
distinction amongst a heap of subaltern objects, he had
no idea of taking out regarding it as the leading and fundamental
principle of all moral science.
the rest of the arguments on which are thus put upon or
line with arguments drawn from the principle of utility
his words are as follows
"From the Common Law" says Lord Coke, are drawn
his proofs (Littleton's)are drawn from some 20 several
fountains or places.
"First from the Maximes principles, rules, intendement
"and reason of the Common Law, which indeed is the
"rule of the Law, as here, and in other places our author
"(Littleton)" doth use".
"Secondly from the books, records, and other authorities
" of Law cited by him: ab authoritate & pronunciatis
"Thirdly, from original writs in the register: a rescriptis
"valet argumentum.
"Fourthly from the forme of good pleading.
"Fifthly, from the right entrie of judgements.
"Sixtly, 'a precidentibus approbatis atque usu: from
"proved precedents and use.
"Seventhly, 'a non usu: from not use.
"Eightly, ab artificialibus argumentis consequentibus
"et conclusionibus: artificial arguments, consequents and
"conclusions.
"Ninthly, 'a commune opinion jurisprudentum" from the
"common opinion of the sages of the Law"
Then comes I
"Tenthly, ab inconvenientlyis: from that which is inconvenient.
"Eleventhly, 'a divisione: firm & division: ab ennumeratione
"partium; from the enumeration of the parts.
Twelfily
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