JB/028/169/001

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33)

Common Law. Particular Customs. Rules

The other Rule our Author gives us concerning the allowance
of Customs is that, "All special customs must
"submitt to the King's Prerogasses Prerogative. Therefore
"if the King purchases lands of the nature of Gavelkind
"where all the sons inherit equally; yet upon the King's
demise, his eldest Son shall succeed to those lands alone."
These for our Author. This rule is much more precise
and intelligible than the former: and one may venture
to give credit to it. [It was the uniform policy of
the ancient Lawyers (of every class and denomination) it wa]
No opportunity would the antient Lawyers neglect to shew
a partiality to the King and to render his condition as
unlike and as preferable as possible to that of a subject.
In this instance indeed it is of no little consequence. In
some, In This submission to the King's Prerogative, we are to understand I suppose of such customs
only wherein the King is the party favoured at whose
expence. With regard to any in which he was
the party favoured there can be little doubt but
that Prerogative would submit.

"And thus much" we will conclude with our Author
for the second part of the leges non scriptæ, or those
particular customs which affect particular persons or
districts only.

Identifier: | JB/028/169/001 "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	169	Info in main headings field	common law particular customs rules
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b33
Penner	jeremy bentham	Watermarks	[[watermarks::[britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9434
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