JB/028/168/003

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31)

Common Law. Particular Customs.

same with the act of executing a deed of feoffment: supposing
all the while that the principal custom to be is really clogged with this condition.[a]

NOTE [a]

The truth is the custom is not clogged with any such condition
if we may take our idea of it from th a very
full and explicit record quoted by Robinson in his
History of Gavelkind. † † B.2. Ch.3. p.194. and informed by a great many others the From this Record with many others comprized by a great number
of others that are either quoted or referred to our Author
might as well have taken his idea of the matter
as from his own imagination and what the short doctrine of Lord Coke
to which does not he refers but which does not come up in
any degree to what he has advanced. What follows is the The The Record
runs thus. It. Kanc. (that is proceedings before the Justices
in Eyre in the County of Kent) Rot. () 5. in dorso.

The following are the passages in Lord Coke that are are
relative to the subject.† † Copyholder. §.33, p.86 1st Edit. Customes are likewise taken strictly,
though not always literally ... An Infant by the
custome of Gavelkind, at the age of fifteen, may make
a feoffment; yet he cannot by the custome make a will
at that age to passe away his land; to make a lease
"and Release, which amounteth to a Feoffment" ... N.B. The
trick of conveying by a Release preceded by a Lease
from the same person was not at the time of that
record invented: but four instances are given by the industrious & judicious Robinson of
releases without number that were held good. ... But these

Identifier: | JB/028/168/003 "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	168	Info in main headings field	common law particular customs rules
Image	003	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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