PHI LOS 0 P H Y . - Classic Works of Apologetics Online

J~f·8',1· the Adl1l.;.::Jlr4Iioll oj·Juflice.
O!le, or ea ?'tter, or later, 'Jr at some point of tillie betvteen
these years, can onty be ascertained by a posi.
tive rule of the society to which the party belongs.
The line has T.-:>t been drawn by nature; the human
understanding ad\-ancing to maturity by insensible
degrees, and its prcgress varying in different individua!s.
Yet it is necessary, for the sake of mutual security,
that a precise age be fixed, and that what is fixed
be known to all. It is on these occa~ions that the
intervention of law suppiies the inconstancy of
nature.-Again, there are other things which arc
perfectly arbitrary, and capable of no c{lrtainty but
what is given to them by posirive regulation. It is
fit that a limited time should be assigned to defendants,
to plead tc the complaints alleged against them;
and also that the default of pleading "rithin a certain
time, should be taken for z. conf~ssio!l of the charge ;
but to ho\\;- mar1Y days or months that term should
be extended, though flt'cfs'ary to be kno\vn \\,ith certainty
~ cannot be known aT all, by any information
which the law of na!ure affords. And the ~ame relllark
seems applicable to alnlo~t all those rules of
procceding~ \\,hj,ch constitute \"hat is calltd the practice
of the court: as they cannot be traced out by
~a.~oning, they must pe settled by authority. -
f Thirdly. In contracts, \vhether expre!3s or impli­
, ed, which involve a great number of conditions, as
in those which ar~ erJtercd into bet\veen masters and
servants, principals and agents; nla!lY aloof merchandize,
or for \vorks of art; in sonle likewise
which relate to the negociation of money or bill:;, or
to the acceptance of credit or sec::rity; the original
design and expectation of the parties \\'as, t hat both
sides should be guided by the course and custom of
the country in transactions of the same ~ort. Consequently,
when the~e contracts come to be disputed, .
\natural justice can only refer to that custom.
But as
such cu.')toms are not always sufficiently uniform or
notorious, but often to be collected from the produce
tion and comparison of instances and accounts repugnant
to one another; and each custom being only
that, after all, which amongst a variety of usages