JB/028/168/001

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29)

Common Law. Particular Customs. Rules

Thus much concerning the rules our Author has given us
relative to the validity of a Particular Customs, under the head of
validity. We now come to the Rules he gives us under
the head of allowance. And under the head he gives
us two rules: two perfectly distinct rules, much more
so than several of those we have seen, though [lumped] thrown
together into one paragraph.

The 1st is that "Customs, in derogation of the Common
Law, must be construed strictly". The 2d is, that "All Special
Customs must submitt to the King's Prerogative.

Customs in derogation of the Common Law; that is all
local or as he calls them, special Customs; for if they are not as far as they extend, in derogation of the
Common Law, there is nothing special in them. These
then are to be construed strictly. What is it for a
Custom to be construed strictly? What is there to
construe in a Custom? Let us go on proceed to the example.
"Thus by the custom of Gavelkind, an infant
"of fifteen years may by one species of conveyance
"[called a deed of feoffment] convey away his lands in
"fee simple, or for ever. Yet this Custom does not
"empower him to use any other conveyance, or even
"to lease them for seven years: for the custom must
"be strictly pursued".

Our Author's meaning is I suppose that [granting that] because a
Custom gives a man a right] where Because a man has a right
derived originating from special Custom to do a certain sort of acts, or receive
a certain sort of services, he is not from thence to be consider'd
as having a right to do another sort of acts, or receive another

Identifier: | JB/028/168/001 "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	168	Info in main headings field	common law particular customs rules
Image	001	Titles	[[titles::note [a]]]
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b29 / e30 / b31 / e32
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9433
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