Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/75

§. 2. to abolih thee recripts, and retain only the general edicts; he could not bear that the haty and crude anwers of uch princes as Commodus and Caracalla hould be reverenced as laws. But Jutinian thought otherwie, and he has preerved them all. In like manner the canon laws, or decretal epitles of the popes, are all of them recripts in the trictet ene. Contrary to all true forms of reaoning, they argue from particulars to generals. fairet and mot rational method to interpret the will of the legilator, is by exploring his intentions at the time when the law was made, by igns the mot natural and probable. And thee igns are either the words, the context, the ubject matter, the effects and conequence, or the pirit and reaon of the law. Let us take a hort view of them all. 1.&ensp; are generally to be undertood in their uual and mot known ignification; not o much regarding the propriety of grammar, as their general and popular ue. Thus the law mentioned by Puffendorf, which forbad a layman to lay hands on a priet, was adjudged to extend to him, who had hurt a priet with a weapon. Again; terms of art, or technical terms, mut be taken according to the acceptation of the learned in each art, trade, and cience. So in the act of ettlement, where the crown of England is limited “to the princes Sophia, and the heirs of her body, being protetants,” it becomes neceary to call in the aitance of lawyers, to acertain the precie idea of the words “heirs of her body;” which in a legal ene comprize only certain of her lineal decendants. Latly, where words are clearly repugnant in two laws, the latter law takes place of the elder: is a maxim of univeral law, as well as of our own contitutions. And accordingly it was laid down by a law of the twelve tables at Rome,. Rh