3. The subject matter.

Words are to be always understood as having regard to the subject matter; e. g., Stat. Edw. III, prohibiting the "purchasing of provisions at Rome." (1 Bl. Com. 60.)

4. The Effects and Consequences.

An absurd conclusion, or one productive of general inconvenience, is a strong argument against the interpretation which leads to it. The argumentum ab inconvenienti is powerful in law. Thus a law "forbidding the drawing of blood in the streets," is not to be construed to apply to a surgeon who bleeds a man in a fit, &c. (1 Bl. Com. 60; 1 Th. Co. Lit. 18, 19, & n (10).)

5. The Reason and Spirit of the law.

The cause which moved the legislature to enact the law, is always potent to determine its meaning, if the words are dubious. (1 Bl. Com. 61);

W. C.

18. Natural Equity.

Natural equity is the mode of interpreting laws by the reason of them, or the "correction of that wherein the law (by reason of its universality), is deficient," (1 Bl. Com. 61); which must by no means be confounded with technical equity, so familiar to English aud American lawyers.

28. Technical Equity, as known to English and American Jurisprudence; W. C.

1h. Definition of Technical Equity.

Technical equity is that portion of remedial justice which is exclusively administered in Courts of Equity, in contradistinction to that portion of remedial justice which is exclusively administered by Courts of Common law. (1 Stor. Eq. § 25.)

2. Principal Distinctions between Courts of Equity and Courts of Common Law;

(1 Stor. Eq. § 26 to § 33; 3 Bl. Com. 430 & seq.; Id. 436 &c.; Fonbl. Eq. 7, n (e);

W. C.

11. Difference in the Rights which they recognize.

e. g., Trusts, and other Equitable Estates, Mistakes, Frauds, Unconscionable Bargains, &c. (1 Stor. Eq. § 26 to 29.)

2. Difference in the Forms of Remedy they apply.

Thus a Court of Equity grants an injunction to prevent an irremediable injury; coerces a disclosure on oath; enforces specific performance of contracts, &c. (1 Stor. Eq. § 26 to 28, 31.)

3'. Difference in the Modes of proceeding they adopt. Thus a Court of Equity tries questions of fact without a jury, by the court; upon testimony never oral, but always in the shape of depositions, &c. (1 Stor. Eq. § 31.)

SECTION III.

OF THE LAWS OF ENGLAND.

III. The Laws of England.

The Laws of England consist of (1), The lex non scripta (unwritten law), or common law; (2), The lex scripta, or statute law; and under this head may also be mentioned, (3), The law prevailing in Virginia;

W.C.

1a. The lex non scripta, (unwritten law,) or common law.

The common law, in its most comprehensive sense, embraces general customs, pervading the whole realm, particular customs, prevailing only in certain places, and particular laws, which have been by degrees incorporated into the common law, to a certain extent. But in its more ordinary acceptation, the common law includes only general customs, and particular laws, and not customs of particular places. It is in this sense that the common law has been introduced into Virginia. (1 Bl. Com. 62; V. C., 1873 ch. 15, § 1;)

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1. Why called lex non scripta.

Not because it is at present oral, and is transmitted only by tradition, but because its original institution is not set down in writing, like statutes ;-the monuments and evidences thereof being contained in the records of courts of justice, in books. of reports of judicial decisions, and in textwriters of authority. (1 Bl. Com. 63-'4; Hale's Hist. Com. Law, 1, 2.)

2. The rise and original of the lex non scripta, or common law; W. C.

1o. Dome-Book, or Liber-Judicialis of Alfred.

This book was compiled by Alfred, from the various local customs of the several provinces of his kingdom, say A. D. 890. It was extant so late as the time of Edward IV, (say A. D. 1461), but is now lost. (1 Bl. Com. 64-'5; 1 Reeves' Hist. Eng. Law, 25.)

2o. Resolution of Alfred's Code into three systems of laws, about A. D. 1000.

1 Bl. Com. 65; 1 Reeves' Hist. Eng. Law, 25-'6; Hale's Hist. C. L. 53-'4.

W. C.

1a. Mercen-Lage,—or Mercian Laws.

Prevailing in many of the mid-land counties, and in those bordering on Wales.

2d. West-Saxon Lage,-or West-Saxon Laws.

Prevailing in the South and West, from Kent to Devon

shire.

3. Dane-Lage,-or Danish Law.

Maintained in the rest of the mid-land counties, and on the Eastern coast.

3o. Digest of Edward the Confessor, say A. D. 1041.

A new edition, it would seem, of Alfred's Dome-book, with additions and improvements. Hence Edward is styled the Restitutor, as Alfred is the legum Anglicanarum Conditor; and the law thus systematized, is known as jus commune, or Folc-rihte. (1 Bl. Com. 66; 1 Reeves' Hist. E. L., 25-26; Hale's Hist. C. L. 5, n (B), 53–’4.)

3. The several parts of the lex non scripta, or common law. The several parts of the common law include, (1), General customs; (2), Particular customs; and (3), Particular laws, that is, the civil, or Roman, and the canon laws;

W. C.

1o. General Customs,-or the common law, more usually so called.

1 Bl. Com. 67 and seq.

Founded on immemorial and universal usage, evidenced by judicial decisions, and approved text-writers. The common law consists largely of statutes worn out by time, according to Ld. Hale. (Hale's Hist. of Com. Law, & seq. 89; Bac. Abr. Statute); W. C.

1o. Effect of Judicial Decisions in ascertaining the Law.

Precedents must be observed and respected when they have been acted on as the basis of transactions of business, because of the unendurable inconvenience which otherwise would ensue from the uncertainty. (1 Bl. Com. 69 to 71.) 24. The subjects to which General Customs, or the Common Law, relate.

The common law relates to and determines the form and obligation of contracts, estates in real property, marital rights of husband and wife, civil remedies, the general doctrine of crimes and punishments, &c. (1 Bl. Com. 68.) 34. Depositaries of the Common Law.

1 Bl. Com. 71 to 73, and 72, n (10); 1 Reeve's Hist. Eng. Law, 221; 2 Do. 86, 279; 1 Kent's Com. 470, &c.; W. C.

1o. Reports of adjudged Cases.

1 Kent's Com. 470, 498; 1 Bl. Com. 71-'2; Wallace's Report; W. C.

1. The Year-Books.

From 1 Edw. I to 28 Hen. VIII. (A. D. 1307 to

1537)

2. Coke's Reports.

From Elizabeth to James I.

3. Croke's Reports.

From Elizabeth to Charles I.

4. Dyer's Reports.

From Henry VIII to Elizabeth.

5. Plowden's Reports.

From Edward VI to Elizabeth.

6. More modern Reports.

2o. Approved Text Writers; W. C.

1. Glanvil-" Treatise on the Laws and Customs of England."

Written temp. Henry II,-say A. D. 1187.

2. Bracton-"Treatise of the Laws and Customs of England."

Written temp. Henry III,-say A. D. 1265.

3. Fleta-"Commentary upon the English Law."

Written in the Fleet prison, temp. Edward I,-say A. D.

1285.

4. Littleton's Tenures.

Written temp. Edward IV,-say A. D. 1475. 5. Brooke's Grand Abridgment of the Law.

Written temp. Elizabeth,-say A. D. 1573. 6. Fitzherbert's Grand Abridgment of the Law. Written temp. Elizabeth,-say A. D. 1565,

7'. Coke's Institutes.

Written temp. James I and Charles I,-A. D. 1621 to 1634;

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18. First Institute.

"Commentary on "Littleton's Tenures,"-A. D.

1621.

28. Second Institute.

Commentary on Ancient Statutes,-A. D. 1629 to

1634.

3. Third Institute.

Treatise of Pleas of the Crown,-A. D. 1629 to 1634.

48. Fourth Institute.

Treatise on the Jurisdiction of Courts,-A. D. 1629 to 1634.

2c, Particular Customs.

Particular customs are such customs as do not prevail throughout the kingdom, but affect only the people of particular districts, or particular classes of persons. (1 Bl. Com. 74, & seq.);

W. C.

1d. Instances of Particular Customs; W. C. 1. Custom of Gavelkind.

Prevailing in Kent and some other places,-that all the sons shall succeed to the inheritance alike, &c. (1 Bl. Com. 75; 2 Do. 84.)

2o. Custom of Borough-English.

Prevailing in divers ancient boroughs,-that the youngest son shall be heir, &c. (1 Bl. Com. 75; 2 Do. 83.)

3o. Copyhold Customs.

1 Bl. Com. 75; 2 Do. 95, & seq.; Id. 147, & seq. 2d. Rules relating to Particular Customs.

These rules are such as relate (1), To the proof of the custom; (2), To the legality of the custom; and (3), To the allowance of the custom. (1 Bl. Com. 76.)

W. C.

1o. Rules touching the Proof of Particular Customs; W. C. 1. Rules touching Proof of Gavelkind and Borough- English.

There is no need to prove that the custom exists, but only that the lands in question are subject thereto. Trial is by a jury, and not by the court.

2. Rules touching the Proof of Customs of London.

Proved by certificate from the Lord Mayor and Aldermen, by the mouth of the Recorder, and not tried by the jury.

3. Rules touching the Proof of all other Private Cus

toms.

They must be particularly pleaded, and as well the existence of the custom must be proved, as that the thing in dispute is within it. Trial is by jury.

2o. Legality of Particular Customs.

"Malus usus abolendus est." (1 Bl. Com. 76, &c). We may note under this head, (1), The requisites of a good custom; (2), The legality of customs in Virginia; and (3), The contrast between custom and prescription; W. C.

1. The Requisites of a Good Custom.

1 Bl. Com. 76, &c.

1. Long continued.

In order to be supported as a good custom, it must appear to have continued so long that the memory of man runneth not to the contrary. (1 Th. Co. Lit. 35.)