y, the act is
construed not to extend to that; because it is unreasonable that any
man should determine his own quarrel[q]. But, if we could conceive it
possible for the parliament to enact, that he should try as well his
own causes as those of other persons, there is no court that has power
to defeat the intent of the legislature, when couched in such evident
and express words, as leave no doubt whether it was the intent of the
legislature or no.

[Footnote q: 8 Rep. 118.]

THESE are the several grounds of the laws of England: over and above
which, equity is also frequently called in to assist, to moderate,
and to explain it. What equity is, and how impossible in it's very
essence to be reduced to stated rules, hath been shewn in the
preceding section. I shall therefore only add, that there are courts
of this kind established for the benefit of the subject, to correct
and soften the rigor of the law, when through it's generality it bears
too hard in particular cases; to detect and punish latent frauds,
which the law is not minute enough to reach; to enforce the execution
of such matters of trust and confidence, as are binding in conscience,
though perhaps not strictly legal; to deliver from such dangers as are
owing to misfortune or oversight; and, in short, to relieve in all
such cases as are, _bona fide_, objects of relief. This is the
business of our courts of equity, which however are only conversant in
matters of property. For the freedom of our constitution will not
permit, that in criminal cases a power should be lodged in any judge,
to construe the law otherwise than according to the letter. This
caution, while it admirably protects the public liberty, can never
bear hard upon individuals. A man cannot suffer _more_ punishment than
the law assigns, but he may suffer _less_. The laws cannot be strained
by partiality to inflict a penalty beyond what the letter will
warrant; but in cases where the letter induces any apparent hardship,
the crown has the power to pardon.

SECTION THE FOURTH.

OF THE COUNTRIES SUBJECT TO THE LAWS OF ENGLAND.

THE kingdom of England, over which our municipal laws have
jurisdiction, includes not, by the common law, either Wales, Scotland,
or Ireland, or any other part of the king's dominions, except the
territory of England only. And yet the civil laws and local customs of
this territory do now obtain, in part or in all, with more or less
restrictions, in these and many