Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/60

44 much I thought it neceary to premie concerning the law of nature, the revealed law, and the law of nations, before I proceeded to treat more fully of the principal ubject of this ection, municipal or civil law; that is, the rule by which particular ditricts, communities, or nations are governed; being thus defined by Jutinian, “.” I call it municipal law, in compliance with common peech; for, though trictly that expreion denotes the particular cutoms of one ingle  or free town, yet it may with ufficient propriety be applied to any one tate or nation, which is governed by the ame laws and cutoms.

law, thus undertood, is properly defined to be “a rule of civil conduct precribed by the upreme power in a tate, commanding what is right and prohibiting what is wrong.” Let us endeavour to explain it’s everal properties, as they arie out of this definition.

firt, it is a rule; not a tranient udden order from a uperior to or concerning a particular peron; but omething permanent, uniform, and univeral. Therefore a particular act of the legislature to conficate the goods of Titius, or to attaint him of high treaon, does not enter into the idea of a municipal law: for the operation of this act is pent upon Titius only, and has no relation to the community in general; it is rather a entence than a law. But an act to declare that the crime of which Titius is accued hall be deemed high treaon; this has permanency, uniformity, and univerality, and therefore is properly a rule. It is alo called a rule, to ditinguih it from advice or counel, which we are at liberty to follow or not, as we ee proper; and to judge upon the reaonablenes or unreaonablenes of the thing advied. Whereas our obedience to the law depends not upon our approbation, but upon the maker’s will. Counel is only matter of peruaion, law is matter of injunction; counel acts only upon the willing, law upon the unwilling alo.