APPENDIX A

2 W. Blackstone Commentaries

Of the Nature of Laws in General

 

1. Law is a rule of action prescribed by a superior power

 

2. Natural law is the rule of human action, prescribed by the Creator and discoverable by the light of reason

 

3. The divine, or revealed law (considered as a rule of action) is also the law of nature, imparted by God himself

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

2. The unwritten law includes, I. General customs. II. Particular customs. III. Particular laws

 

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

 

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

 

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

 

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

 

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

 

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.