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
[Footnote c: The method of citing these acts of parliament is various.
Many of our antient statutes are called after the name of the place,
where the parliament was held that made them: as the statutes of
Merton and Marlbridge, of Westminster, Glocester, and Winchester.
Others are denominated entirely from their subject; as the statutes of
Wales and Ireland, the _articuli cleri_, and the _praerogativa regis_.
Some are distinguished by their initial words, a method of citing very
antient; being used by the Jews in denominating the books of the
pentateuch; by the christian church in distinguishing their hymns and
divine offices; by the Romanists in describing their papal bulles; and
in short by the whole body of antient civilians and canonists, among
whom this method of citation generally prevailed, not only with regard
to chapters, but inferior sections also: in imitation of all which we
still call some of our old statutes by their initial words, as the
statute of _quia emptores_, and that of _circumspecte agatis_. But the
most usual method of citing them, especially since the time of Edward
the second, is by naming the year of the king's reign in which the
statute was made, together with the chapter, or particular act,
according to it's numeral order; as, 9 Geo. II. c. 4. For all the acts
of one session of parliament taken together make properly but one
statute; and therefore when two sessions have been held in one year,
we usually mention stat. 1. or 2. Thus the bill of rights is cited, as
1 W. & M. st. 2. c. 2. signifying that it is the second chapter or
act, of the second statute or the laws made in the second sessions of
parliament, held in the first year of king William and queen Mary.]
FIRST, as to their several kinds. Statutes are either _general_ or
_special_, _public_ or _private_. A general or public act is an
universal rule, that regards the whole community; and of these the
courts of law are bound to take notice judicially and _ex officio_;
without the statute being particularly pleaded, or formally set forth
by the party who claims an advantage under it. Special or private acts
are rather exceptions than rules, being those which only operate upon
particular persons, and private concerns; such as the Romans intitled
_senatus-decreta_, in contradistinction to the _senatus-consulta_,
which regarded the whole community[d]: and of these the judges are not
bound to take notice, unless they be formally shewn and pleaded. Thus,
to shew the distinction, the statute 13 Eliz. c. 10. to prevent
spiritual persons from making leases for longer terms than twenty one
years, or three lives, is a public act; it being a rule prescribed to
the whole body of spiritual persons in the nation: but an act to
enable the bishop of Chester to make a lease to A.B. for sixty years,
is an exception to this rule; it concerns only the parties and the
bishop's successors; and is therefore a private act.
[Footnote d: Gravin. _Orig._ 1. Sec. 24.]
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