Dumont, .Soat;entrs sur Afira&eau, pp

5. Blackstone I Comm. 62-4. : With us at présent the monuments and évidences of our légal customs are contai ned in the records of the several courts of justice, in books of reports and judicial décisions, and in the trcatises of learned sages of the profession, preserved and haniied down to us from the times of highest antiquity. Uowever I therefore style thèse paris of our law leges non scriptoB, because their original institution and authority are not set down in writing, as acts of parliament are, but they receive their binding power, and the force of laws, by long and immémorial usage, and by their universal réception thoughout the king* dom. — 1 Comm. 67 :... in our law the goodness of a custom dépends

322 NOTES. (Pp. 13o-13:)

upon its havinijr been used time out of miod ; or, in the solennitT of our légal phrase, time whereof the mcmory of luan mniieth not to the contra ry.