uence, or the spirit and reason of the law. Let us take a short
view of them all.
1. WORDS are generally to be understood in their usual and most known
signification; not so much regarding the propriety of grammar, as
their general and popular use. Thus the law mentioned by
Puffendorf[l], which forbad a layman to _lay hands_ on a priest, was
adjudged to extend to him, who had hurt a priest with a weapon. Again;
terms of art, or technical terms, must be taken according to the
acceptation of the learned in each art, trade, and science. So in the
act of settlement, where the crown of England is limited "to the
princess Sophia, and the heirs of her body, being protestants," it
becomes necessary to call in the assistance of lawyers, to ascertain
the precise idea of the words "_heirs of her body_;" which in a legal
sense comprize only certain of her lineal descendants. Lastly, where
words are clearly _repugnant_ in two laws, the later law takes place
of the elder: _leges posteriores priores contrarias abrogant_ is a
maxim of universal law, as well as of our own constitutions. And
accordingly it was laid down by a law of the twelve tables at Rome,
_quod populus postremum jussit, id jus ratum esto_.
[Footnote l: L. of N. and N. 5. 12. 3.]
2. IF words happen to be still dubious, we may establish their meaning
from the context; with which it may be of singular use to compare a
word, or a sentence, whenever they are ambiguous, equivocal, or
intricate. Thus the proeme, or preamble, is often called in to help
the construction of an act of parliament. Of the same nature and use
is the comparison of a law with other laws, that are made by the same
legislator, that have some affinity with the subject, or that
expressly relate to the same point. Thus, when the law of England
declares murder to be felony without benefit of clergy, we must resort
to the same law of England to learn what the benefit of clergy is:
and, when the common law censures simoniacal contracts, it affords
great light to the subject to consider what the canon law has adjudged
to be simony.
3. AS to the subject matter, words are always to be understood as
having a regard thereto; for that is always supposed to be in the eye
of the legislator, and all his expressions directed to that end. Thus,
when a law of our Edward III. forbids all ecclesiastical persons to
purchase _provisions_ at Rome, it might seem to prohibit the buying of
grain and other victual; but
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