JB/028/159/001

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Common Law. Particular Customs. Rules

Our Authors next business is to lay down some rules
relative to particular Customs. The rules, he says, being
persuaded as it should seem of concerning the rules relative to
a particular customs, as before we found him concerning, of the kinds of Statutes
⊞ that they are the was that⊞ ⊞ like the rest of all the other portions of his Divinity the Common Law they are eternal a parte ante & a parte post, necessary unchangeable that as they were in the beginning they are now different neither actu nor in potentia, apathy were in the beginning
they are now, [neither] different [in specie, nor more or neither in specie nor in number
from less in number than] those he gives us.

The rules says he relating to particular customs regard either
the proof of their existence; their legality when proved;
or their usual method of allowance.† † See Inserenda P.1. No 1. And first we will
consider the rules of proof.

Relative to the proof of existence there are one cannot
well say how many. Relative to their legality
when proved there are exactly seven, marshalled
and display'd with great precision. And so unchangeable
are these rules relative to legality, that
the purport of the greater part of them is to reprobate
so many supposed sorts of customs upon the ground
of non-existence.

The rules of proof we shall content ourselves with barely reciting in order not to [We shall just recite these rules of proof for the sake
of keeping up] break the thread of the discourse; the rules
relative to legality will demand a more particular
examination.

As to Gavelkind, and Borough-English, continues our Author, "the Law takes
particular notice of them; and there is no occasion to
prove that such customs actually exist, but only that
the lands in question are subject thereto. All other private
customs must be particularly pleaded, and as well

Identifier: | JB/028/159/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	159	Info in main headings field	common law particular customs - rules
Image	001	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	b1 / e2
Penner	jeremy bentham	Watermarks	[[watermarks::[britannia emblem]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9424
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