JB/028/161/003

Click Here To Edit

7)

Common Law. Particular Customs. Rules

Littleton will afford us an example.† † Ch. 10, Sect. 167. From him we learn In his tome he
tells us that by Custom in some Boroughs a man might
dispose of his lands by Will.[a] [a] For the note see Inserenda p. No. This custom we may be
sure could not have been in it's origin spontaneous.
In this custom, the Heir was the party burthen'd.
The Heir then we may be sure or we hardly suppose would never
Whensoever it happened that a man first attempted this
disposition, the Heir having been used to look upon His expect the
Estate, to look upon it as that which was to be his after the death
of that his Ancestor, we can hardly suppose would sit still
and see it thus strangely given away from him.

At the utmost If one Heir by some particular circumstances might
be induced thus spontaneously to acquiesce, one can hardly it is impossible to suppose it
of a number of Heirs one after another. Litigation
must therefore have ensued. The question dispute must have
been carried before the tribunal of the place: that Tribunal
must have decided in favour of the Divorcee.

This decision then must have been the beginning
of the custom. If this decision could have been shewn
when first the question came before the superior Judi
King's Courts, the beginning of the custom could have
been shewn. The Custom then, if this rule had at that time taken
place, must have been deemed a bad one.

Once more as to the sort of memory which if it "run
"to the contrary of a custom" destroys the "goodness" of it.
Upon what sort of evidence is it rested? to in partic Is oral
evidence solely, as is wr alone to be admitted to establish or overthrow it,
or is written evidence also to be admitted. If oral
evidence, is that only which is direct eviden to be admitted, or is hearsay also
to be admitted? None of these obvious and necessary questions are resolved by the

Identifier: | JB/028/161/003 "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	161	Info in main headings field	common law particular customs - rules
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9426
Box Contents