21 August 1804

Procedure

Note Coke

Ch. Non-homologation

To warrant the enumeration and classification thus given of the functions of the Common Law as drawn from by his Sage, he has taken the trouble to give us references to the sections in which they are reputively exemplified. On [...?] to these examples, it appears /[...?]/ that the words that carry the appearance of pointing to the principle of utility as a guide to judicature, are mere stark [...?] words without a meaning.

1. The example of his argumentation ab [...?] is as follows: it is taken /presented by/ '' D 87 when the purpose who does homage to his feudal lord for an estate is a male he is to pronounce a form of words beginning with I become your man (votre homme) but when the person by whose the like concerning is performed is a woman she is not to say I become your woman (votre femme) because it is not convenient that she should use the word femme (which in French signifies wife as well as woman) in addressing herself to a man who is not her husband.

2. For an example of the argumentation ab inutile /which it/ are referred to D 360. The purpose of this section is to inform us that if a man, in the conveyance of an estate by fulfilment, annexes to it a condition, forbidding the [...?] to whom to any body else, this condition is void, void? for what reason? - however because it is so: "because (says Littleton) when a man is [...?] of lands and tenements he hath power to abandon them to any person by the law.

Likewise[?] the example of the pretended argument from utility neither is any such word understood, nor is there /does the purpose/ any the smallest /more distant/ allusion to the consequences of the regulation in question in relation to human happiness.