Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/61

§. 2. is alo called a rule, to ditinguih it from a compact or agreement; for a compact is a promie proceeding from us, law is a command directed to us. The language of a compact is, “I will, or will not, do this;” that of a law is, “thou halt, or halt not, do it.” It is true there is an obligation which a compact carries with it, equal in point of concience to that of a law; but then the original of the obligation is different. In compacts, we ourelves determine and promie what hall be done, before we are obliged to do it; in laws, we are obliged to act, without ourelves determining or promiing any thing at all. Upon thee accounts law is defined to be “a rule.”

law is alo “a rule of civil conduct.” This ditinguihes municipal law from the natural, or revealed; the former of which is the rule of moral conduct, and the latter not only the rule of moral conduct, but alo the rule of faith. Thee regard man as a creature, and point out his duty to God, to himelf, and to his neighbour, conidered in the light of an individual. But municipal or civil law regards him alo as a citizen, and bound to other duties towards his neighbour, than thoe of mere nature and religion: duties, which he has engaged in by enjoying the benefits of the common union; and which amount to no more, than that he do contribute, on his part, to the ubitence and peace of the ociety.

is likewie “a rule precribed.” Becaue a bare reolution, confined in the breat of the legilator, without manifeting itelf by ome external ign, can never be properly a law. It is requiite that this reolution be notified to the people who are to obey it. But the manner in which this notification is to be made, is matter of very great indifference. It may be notified by univeral tradition and long practice, which uppoes a previous publication, and is the cae of the common law of England. It may be notified,, by officers appointed for that purpoe, as is done with regard to proclamations, and uch acts of parliament as