date

Evidence 6 June 1803 Note?
Evidence

6 June 1803

Note?

Introd.

Ch. [...? ...?]

Instead of jurisprudential, the word /term/ used by English lawyers is always Common Law; but by /every/ man who really wishes to be understood /never to be constantly misunderstood/, the term must be discarded. /epithet/ /adjunct/ will be laid aside.

Another of the epithets for law is civil; the impossibility of employing that term without confusion has already been observed, it is employed to express too many things to be capable of expressing with clearness any one; the epithet common is in exactly the same case.

1. It is, as law, opposed to statute; or (statute being a stratagem) say statutory; 2. It is opposed to Local: 3. It is opposed to civil; in a sense viz: in that one of the senses in which civil law is put for law of Roman origin - as Lavoisier would have called it Romanigious law. 4. It is opposed to Canon Law; and these pro tanto to Ecclesiastical law. 5. It is opposed to Military Law. 6. It is opposed to Equity; and here we have confusion double /twice/ confounded. Jurisprudential Law is acted under or will by Courts called Courts of Common Law, or by Courts called Courts of Equity; in so far as is acted under by the Common Law Court; it is called Common Law: in so far as it is acted under by the Equity Court, it is called not Common Law but Equity.
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