JB/028/164/002

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18)

Common Law. Particular Customs. Rules.

The Rule we are now upon is to tell us that Customs in order
must to be good it must be certain: and here we have
at least it is meant we should suppose we have, two
examples of two customs, one of which is bad because
it not certain, (as far as this point is concerned), the other good, because it is. When
the matter comes to be enquired into, not in the manner as our Author
enquires into it, but as any one would must enquire into it
that would understand him, it turns out that these
two customs are [one and] the same. Now what is certain is, that the same
custom can not be at once good and bad. How then How are we
stands the case? to account for this? The truth of the matter is that our Author
is wandering from the subject.⊞ ⊞ He has lost his his way in the country, and is got back by instinct to Westminster-Hall. Instead of [the quality thinking what
of the custom itself] the custom is, he is thinking of the manner
in which it is to be described pleaded. "You have got possession of an estate which
you claim as the next male heir to the last owner. You
are sued for it by a nearer female heir. You defend yourself, and allege in pleading that
not have the customyour family competition could have no ground to expect
the estate should be relinquished to her, for that in
taking it to yourself you do no more than conform
to what has been the custom. The custom within in the
jurisdiction in which the estate lies, is you say, that
the next male of the blood, has always succeeded
in preference to a nearer female. This being the case
how are you express yourself? Why, can say so, speak
so as to be understood. Whom you mean by the next
male, we know. But whom you may mean by
the most worthy, is not clear. It may be, you mean
that you are a better man than your Father or
your elder brother, which may be very true, but would

Identifier: | JB/028/164/002 "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	164	Info in main headings field	common law particular customs - rules
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b17 / e18 / b19 / e20
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9429
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