Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/90

74 coure of acting accordingly?” Thus did they reaon while Rome had ome remains of her freedom; but, when the imperial tyranny came to be fully etablihed, the civil laws peak a very different language. “,” ays Ulpian. “,” ays the code. And again, “ .” And indeed it is one of the characteritic marks of Englih liberty, that our common law depends upon cutom; which carries this internal evidence of freedom along with it, that it probably was introduced by the voluntary conent of the people.

.&ensp; econd branch of the unwritten laws of England are particular cutoms, or laws which affect only the inhabitants of particular ditricts.

particular cutoms, or ome of them, are without doubt the remains of that multitude of local cutoms before-mentioned, out of which the common law, as it now tands, was collected at firt by king Alfred, and afterwards by king Edgar and Edward the confeor: each ditrict mutually acrificing ome of it’s own pecial uages, in order that the whole kingdom might enjoy the benefit of one uniform and univeral ytem of laws. But, for reaons that have been now long forgotten, particular counties, cities, towns, manors, and lordhips, were very early indulged with the privilege of abiding by their own cutoms, in contraditinction to the ret of the nation at large: which privilege is confirmed to them by everal acts of parliament.

is the cutom of gavelkind in Kent and ome other parts of the kingdom (though perhaps it was alo general till the Norman conquet) which ordains, among other things, that not the