Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/86

70 much more if it be contrary to the divine law. But even in uch caes the ubequent judges do not pretend to make a new law, but to vindicate the old one from mirepreentation. For if it be found that the former deciion is manifestly aburd or unjut, it is declared, not that uch a entence was bad law, but that it was not law; that is, that it is not the etablihed cutom of the realm, as has been erroneouly determined. And hence it is that our lawyers are with jutice o copious in their encomiums on the reaon of the common law; that they tell us, that the law is the perfection of reaon, that it always intends to conform thereto, and that what is not reaon is not law. Not that the particular reaon of every rule in the law can at this ditance of time be always preciely aigned; but it is ufficient that there be nothing in the rule flatly contradictory to reaon, and then the law will preume it to be well founded. And it hath been an antient obervation in the laws of England, that whenever a tanding rule of law, of which the reaon perhaps could not be remembered or dicerned, hath been wantonly broke in upon by tatutes or new reolutions, the widom of the rule hath in the end appeared from the inconveniences that have followed the innovation.

doctrine of the law then is this: that precedents and rules mut be followed, unles flatly aburd or unjut: for though their reaon be not obvious at firt view, yet we owe uch a deference to former times as not to uppoe they acted wholly without conideration. To illutrate this doctrine by examples. It has been determined, time out of mind, that a brother of the half blood hall never ucceed as heir to the etate of his half brother, but it hall rather echeat to the king, or other uperior lord. Now this is a poitive law, fixed and etablihed by cutom, which cutom is evidenced by judicial deciions; and therefore can never be departed from by any modern judge without a breach