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1)
Common Law. Particular Customs.
Thus much concerning the first divisions of the three
divisions our Author makes of Common Law: be namely
General Customs, or the Common Law properly
and normally so called. "The second branch", continues
he, "of the unwritten Laws of England are particular
"customs, or Laws which affect only the inhabitants
"of particular districts." So far our Author:
On this head we shall the less need to be particular defence,
having been so full on the foregoing. Not that our
task is by any means altogether at one end: for here we meet
with examples; and examples may afford light when
the text is darkness.
"These particular customs", continues our Author "or some of them, are without
"doubt the remains of that multitude of local
"customs before mentioned, out of which the Common
"Law, as it now stands, was collected at first by
"King Alfred, and afterwards by King Edgar and
"Edward the Confessor: each district mutually sacrificing
"some of its own special usages, in order
"that the whole kingdom might enjoy the benefit of
"one uniform and universal system of laws. But
"for reasons that have been now long forgotten, particular
"counties, cities, towns, manors and lordships,
"were very early indulged with the privilege of abiding
"by their own customs in contradistinction to the
"rest of the nation at large."
"Such is the custom of Gavelkind in Kent and
"some other parts of the kingdom (though perhaps it
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Identifier: | JB/028/153/001 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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153 |
common law particular customs |
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001 |
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4 |
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recto |
b1 / e2 / b3 / e4 |
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jeremy bentham |
[[watermarks::[monogram] [britannia emblem]]] |
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9418 |
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