Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Consuetude
1677.
July.
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People run a great risk by consuetudes, at the beginning, because of the power and arbitrariness left to judges; but after it is brought to a ripeness and a consistency, it may be very profitable. See Stair's system, Titulo 1, Of Common Principles, parag. 9, in fine.—Oldendorii Classes in argumento operis, Titulo de Ordine juris, § 10. Cujaee ad Titulum C. Quæ sit longa consuetudo. And it is hard in a monarchy to give people the power of introducing or abrogating laws; for they may kick the wholesomest laws out of doors; and it is undetermined how many acts, and how much time must go to the making of a fixed and settled consuetude; and it is not easy to discriminate if it be bona or mala consuetudo, or vetustas erroris, or originem a viris probis trahens.
