Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/62

46 as are appointed to be publicly read in churches and other aemblies. It may latly be notified by writing, printing, or the like; which is the general coure taken with all our acts of parliament. Yet, whatever way is made ue of, it is incumbent on the promulgators to do it in the mot public and perpicuous manner; not like Caligula, who (according to Dio Caius) wrote his laws in a very mall character, and hung them up upon high pillars, the more effectually to ennare the people. There is till a more unreaonable method than this, which is called making of laws ; when after an action (indifferent in itelf) is committed, the legilator then for the firt time declares it to have been a crime, and inflicts a punihment upon the peron who has committed it; here it is impoible that the party could foreee that an action, innocent when it was done, hould be afterwards converted to guilt by a ubequent law; he had therefore no caue to abtain from it; and all punihment for not abstaining mut of conequence be cruel and unjut. All laws hould be therefore made to commence, and be notified before their commencement; which is implied in the term “precribed.” But when this rule is in the uual manner notified, or precribed, it is then the ubject’s buines to be thoroughly acquainted therewith; for if ignorance, of what he might know, were admitted as a legitimate excue, the laws would be of no effect, but might always be eluded with impunity. farther: municipal law is “a rule of civil conduct precribed by the upreme power in a tate.” For legilature, as was before oberved, is the greatet act of uperiority that can be exercied by one being over another. Wherefore it is requiite to the very eence of a law, that it be made by the upreme power. Sovereignty and legilature are indeed convertible terms; one cannot ubit without the other.