FREE BOOKS

Author's List




PREV.   NEXT  
|<   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79  
80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   >>   >|  
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
PREV.   NEXT  
|<   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79  
80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   >>   >|  



Top keywords:

England

 

subject

 

adjudged

 

benefit

 
legislator
 

priest

 

clergy

 

understood

 

equivocal

 

compare


intricate

 

provisions

 

ambiguous

 
sentence
 
proeme
 
parliament
 

purchase

 

construction

 

preamble

 

called


singular

 

victual

 

buying

 
Footnote
 

establish

 

meaning

 
persons
 
prohibit
 

happen

 
dubious

context
 

ecclesiastical

 
resort
 

matter

 
regard
 

murder

 

felony

 
common
 

censures

 

simony


affords

 
simoniacal
 

contracts

 

declares

 
thereto
 

affinity

 

Edward

 

comparison

 
forbids
 

directed