JB/028/168/004

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32)

NOTE continued.

"customes, continues Lord Coke are not to be confined to literal
interpretation, for if there be a custome within any
"Manor, that copyhold lands may be granted in Feodo
"simplici, by the same custome they are to be grantable to
"one, and the heirs of his body, by for life, for yeares, or
"any other estate whatsoever; because, Cui licet quod majus,
"non debet quod minus est non licere. So if there
"be a Custome that Copyhold lands may be granted for life,
"by the same custome they may be granted, durante viduitate
"but not Before the Statute of 32. H. 8. Lands
"in certain Boroughs were devisable by custome: by the
"same custome was implicitie warranted, authorizing
"Executors to sell lands devisable."

It is true that in two instances according to Robinson
(for I have not been at the pains of examining the Year-Books
which he refers to) Judges not liking it should
scorn the custom, have chosen to understand that the
conveyance "must be by feoffment". But these instances Authorities
are overpower'd (if members will do it) by others which
he has quoted from the Records. The reader may perhaps
by this time be disposed to join with me in thinking,
that no great dependence is to be placed upon this
Rule.

Identifier: | JB/028/168/004 "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	004	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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