JB/028/164/003

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Common Law. Particular Customs. Rules.

not never give you a title to the estate. Such we suppose on this occasion, may
have been the language of the Judges.[a] The fact then, we
see, is, not that here are two customs, the one good,
the other bad, but one and the same custom, well pleaded in one
case way, badly in another. Take it for granted as our
Author states it that such a custom there has been, that
time out of mind the most worthy of the owner's blood
has succeeded, the custom is a good one. How shall this
worth be determined is a question easily answered. How?
why e'en as it has been determined hitherto. What has
been done for ever until now, may e'en as well be done
from henceforth for ever.

The next Another example our Author gives us of two Customs
the good the other bad, on the score of certainty, is
this: an example free from of a very different complexion from the perplexity of the former.
Here are really are two customs. "A custom to pay two
"pence an acre in lieu of together, is good; but to
"pay sometimes two pence and sometimes three pence as
the occupier pleases, is bad for it's uncertainty".

The general custom in this case is that of paying Tithes:
in which the Parson is the party at in whose expence favour,
the Land-occupier the party at whose expence. This
custom is expr tending with many few exceptions, throughout the Realm, is
a general one. This is And this we are to look upon as already perfectly legalized of old. The particular
custom, viz, that which is supposed to be presented now proposed
for perfect legalization is an exception a custom standing to this custom
a custom opposite therefore of an opposite nature to it, taking place, as alleged, under such a circumstance
as that of a payment to the amount in question.
According to Under the general custom, the Parson acts, i:e:
takes, uses, such articles of property as come under the description of Tithes, the end occupier forbears to hinder him the Parson. Under
the particular custom opposed to it, The Land-occupier
takes them, the Parson forbears to hinder him the Land-occupier.

Identifier: | JB/028/164/003 "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	164	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	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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