JB/028/163/003

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15)

Common Law. Particular Customs. Rules

of a custom[one that is. The custom is the Tenants
the tenants making use for the purpose of putting his cattle upon it, if the Common
which for the purposes in point of general ownership
is the Lord's. Here the party parties favoured are the Tenants.
The party at whose expence burthen'd is the Lord. The custom is
active on the part of the party favoured: it is passive
consequently on the part of the party burthen'd at whose expence. It consists of an
assemblage of acts on the parts of the several Tenants:
and of correspondent instants of forbearance on the part
of the Lord. Thus far All this might have happen'd through
mere inattention on the part of the party burthen'd at whose expence.
But Add now the either of the limitations specified and of the case bears unquestionable
marks of express will. That the Tenants should
meaning to take what advantage might be made of the Common, should
have fallen of their own accord into the custom of waiting
for that particular day of all others is not to be supposed,
nor is it much more likely that they should wait for the
Lord's making use of it himself. [It is only one of two
suppositions that can account] for For the restraint laid in the
1st case there are it is only one out of two suppositions can account.
Suppose it laid at a very early period when of the feudal
constitution, when Lords were in a manner absolute within
their manors, and we may suppose it annext to the
first verbal informal grant made by the Lord for the time being
to his Villeins and other dependents. Go, says he, make
use of such a field to feed your cattle on, but mind
you do not turn them on to till the third of October.
Suppose it laid at a later period, when after the King's Courts
had set limits on every side to the power of those petty
Tyrants, and given [an indefeasible] a fixed property to their Vassals
in [those] benefits which they said derived at first to from arbitrary casual indulgence

Identifier: | JB/028/163/003 "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	163	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	b13 / e14 / b15 / e16
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9428
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