Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
HE should consider his course as a general map of the law, marking out
the shape of the country, it's connexions and boundaries, it's greater
divisions and principal cities: it is not his business to describe
minutely the subordinate limits, or to fix the longitude and latitude
of every inconsiderable hamlet. His attention should be engaged, like
that of the readers in Fortescue's inns of chancery, "in tracing out
the originals and as it were the elements of the law." For if, as
Justinian[r] has observed, the tender understanding of the student be
loaded at the first with a multitude and variety of matter, it will
either occasion him to desert his studies, or will carry him heavily
through them, with much labour, delay, and despondence. These
originals should be traced to their fountains, as well as our distance
will permit; to the customs of the Britons and Germans, as recorded by
Caesar and Tacitus; to the codes of the northern nations on the
continent, and more especially to those of our own Saxon princes; to
the rules of the Roman law, either left here in the days of Papinian,
or imported by Vacarius and his followers; but, above all, to that
inexhaustible reservoir of legal antiquities and learning, the feodal
law, or, as Spelman[s] has entitled it, the law of nations in our
western orb. These primary rules and fundamental principles should be
weighed and compared with the precepts of the law of nature, and the
practice of other countries; should be explained by reasons,
illustrated by examples, and confirmed by undoubted authorities; their
history should be deduced, their changes and revolutions observed, and
it should be shewn how far they are connected with, or have at any
time been affected by, the civil transactions of the kingdom.
[Footnote r: _Incipientibus nobis exponere jura populi Romani, ita
videntur tradi posse commodissime, si primo levi ac simplici via
singula tradantur: Alioqui, si statim ab initio rudem adhuc & infirmum
animum studiosi multitudine ac varietate rerum oneravimus, duorum
alterum, aut desertorem studiorum efficiemus, aut cum magno labore,
saepe etiam cum diffidentia (quae plerumque juvenes avertit) serius ad
id perducemus, ad quod leviore via ductus, sine magno labore & sine
ulla diffidentia maturius perduci potuisset._ _Inst._ 1. 1. 2.]
[Footnote s: Of Parliaments. 57.]
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