It has been sometimes said, communis error facit jus; but I say communis opinio is evidence of what the law is; not where it is an opinion merely floating and theoretical floating in the minds of persons but where it has been made the ground-work and substratum of practice.

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The law of England is a law of liberty, and, consistently with this liberty, we have not what is called an imprimatur (let it be printed); there is no such preliminary licence necessary. But if a man publish a paper, he is exposed to the penal consequences, as he is in every other act, if it be illegal.