ANALYSIS.

INTRODUCTION.

OF THE STUDY, NATURE, AND EXTENT, OF THE LAWS OF ENGLAND.

SECTION I.

OF THE STUDY OF THE LAW.

1. THE general utility of the study of the English common law will principally appear from considering the peculiar situations of, I. Gentlemen of fortune. II. The nobility. III. Persons in liberal professions. Page 6-17

2. The causes of its neglect were, chiefly, the revival of the study of the Roman laws in the twelfth century, their adoption by the clergy and universities, and the illiberal jealousy that subsisted between the patrons and students of each.. 17-20 3. The establishment of the court of Common Pleas at Westminster preserved the common law, and promoted its study in that neighbourhood, exclusive of the two Universities.

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4. But the Universities are now the most eligible places for laying the foundations of this, as of every other liberal accomplishment; by tracing out the principles and grounds of the law, even to their original elements.

SECTION II.

OF THE NATURE OF LAWS IN GENERAL.

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1. LAW is a rule of action, prescribed by a superior power. 38 2. Natural law is the rule of human action, prescribed by the Creator, and discoverable by the light of reason.

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3. The divine or revealed law (considered as a rule of action) is also the law of nature, imparted by God himself. Page 41 4. The law of nations is that which regulates the conduct and mutual intercourse of independent states with each other, by reason and natural justice. 43

5. Municipal or civil law is the rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong.

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6. Society is formed for the protection of individuals; and states or government, for the preservation of society.

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7. In all states there is an absolute supreme power, to which the right of legislation belongs; and which, by the singular constitution of these kingdoms, is vested in the king, lords, and 48-51

commons.

8. The parts of a law are, I. The declaratory; which defines what is right and wrong. II. The directory; which consists in commanding the observation of right, or prohibiting the commission of wrong. III. The remedial; or method of recovering private rights, and redressing private wrongs. IV. The vindicatory sanction of punishments for public wrongs; wherein consists the most forcible obligation of human laws.

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9. To interpret a law, we must enquire after the will of the maker: which may be collected either from the words, the context, the subject-matter, the effects and consequence, or the spirit and reason of the law. 59-61

10. From the latter method of interpretation arises equity, or the correction of that wherein the law (by reason of its universality) is deficient.

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SECTION III.

OF THE LAWS OF ENGLAND.

1. THE laws of England are of two kinds: the unwritten or common law, and the written or statute law. 63 2. The unwritten law includes, I. General customs. II. Particular customs. III. Particular laws.

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3. General customs, or the common law properly so called, are founded upon immemorial universal usage, whereof judicial decisions are the evidence; which decisions are preserved in the public records, explained in the year-books and reports, and digested by writers of approved authority.

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4. Particular customs are those which are only in use within some peculiar districts; as gavel-kind, the customs of London, &c.

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5. These-I. must be proved to exist;-II. must appear to be

legal; that is, immemorial, continued, peaceable, reasonable, certain, compulsory, and consistent;-III. must, when allowed, receive a strict construction. Page 76-79

6. Particular laws are such as, by special custom, are adopted and used only in certain peculiar courts, under the superintendence and control of the common and statute law; namely, the Roman civil and canon laws.

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7. The written or statute laws are the acts which are made by the king, lords, and commons, in parliament; to supply the defects, or amend what is amiss, of the unwritten law.

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8. In order to give a more specific relief than can sometimes be had, through the generality of both the unwritten and written law, in matters of private right, it is the office of equity to interpose.

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SECTION IV.

OF THE COUNTRIES SUBJECT TO THE LAWS OF ENGLAND.

1. THE laws of England are not received in their full extent in any other territories besides the kingdom of England, and the dominion of Wales; which have, in most respects, an entire communion of laws.

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2. Scotland, notwithstanding the union, retains its own municipal laws; though subject to regulation by the British parliament.

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3. Berwick is governed by its own local usages, derived from the Scots law, but bound by all acts of parliament. 98

4. Ireland is a distinct subordinate kingdom, governed by the common law of England; but not bound by modern acts of the British parliament, unless particularly named.

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5. The isle of Man, the Norman isles (as Guernsey, &c.), and our plantations abroad, are governed by their own laws; but are bound by acts of the British parliament, if specially named therein. 104-109

6. The territory of England is divided, ecclesiastically, into provinces, dioceses, archdeaconries, rural deanries, and parishes. 110-113

7. The civil division is, first, into counties, of which some are palatine; then, sometimes, into rapes, lathes, or trithings; next into hundreds, or wapentakes; and lastly, into towns, vills, or tithings.

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