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
THE science thus committed to his charge, to be cultivated,
methodized, and explained in a course of academical lectures, is that
of the laws and constitution of our own country: a species of
knowlege, in which the gentlemen of England have been more remarkably
deficient than those of all Europe besides. In most of the nations on
the continent, where the civil or imperial law under different
modifications is closely interwoven with the municipal laws of the
land, no gentleman, or at least no scholar, thinks his education is
completed, till he has attended a course or two of lectures, both upon
the institutes of Justinian and the local constitutions of his native
soil, under the very eminent professors that abound in their several
universities. And in the northern parts of our own island, where also
the municipal laws are frequently connected with the civil, it is
difficult to meet with a person of liberal education, who is destitute
of a competent knowlege in that science, which is to be the guardian
of his natural rights and the rule of his civil conduct.
NOR have the imperial laws been totally neglected even in the English
nation. A general acquaintance with their decisions has ever been
deservedly considered as no small accomplishment of a gentleman; and a
fashion has prevailed, especially of late, to transport the growing
hopes of this island to foreign universities, in Switzerland, Germany,
and Holland; which, though infinitely inferior to our own in every
other consideration, have been looked upon as better nurseries of the
civil, or (which is nearly the same) of their own municipal law. In
the mean time it has been the peculiar lot of our admirable system of
laws, to be neglected, and even unknown, by all but one practical
profession; though built upon the soundest foundations, and approved
by the experience of ages.
FAR be it from me to derogate from the study of the civil law,
considered (apart from any binding authority) as a collection of
written reason. No man is more thoroughly persuaded of the general
excellence of it's rules, and the usual equity of it's decisions; nor
is better convinced of it's use as well as ornament to the scholar,
the divine, the statesman, and even the common lawyer. But we must not
carry our veneration so far as to sacrifice our Alfred and Edward to
the manes of Theodosius and Justinian: we must not prefer the edict of
the praetor, or the rescript of the Roman emperor, to our own
immemorial customs, or the sanctions of an English parliament; unless
we can also prefer the despotic monarchy of Rome and Byzantium, for
whose meridians the former were calculated, to the free constitution
of Britain, which the latter are adapted to perpetuate.
Public-domain text, read in full here on John Shaqi.
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