Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/96

80 ubjects. But all the trength that either the papal or imperial laws have obtained in this realm (or indeed in any other kingdom in Europe) is only becaue they have been admitted and received by immemorial uage and cutom in ome particular caes, and ome particular courts; and then they form a branch of the , or cutomary law: or ele, becaue they are in ome other caes introduced by conent of parliament, and then they owe their validity to the , or tatute law. This is exprely declared in thoe remarkable words of the tatute 25 Hen. . c. 21. addreed to the king’s royal majety.—“This your grace’s realm, recognizing no uperior under God but only your grace, hath been and is free from ubjection to any man’s laws, but only to uch as have been devied, made, and ordained within this realm for the wealth of the ame; or to uch other as, by ufferance of your grace and your progenitors, the people of this your realm have taken at their free liberty, by their own conent, to be ued among them; and have bound themelves by long ue and cutom to the obervance of the ame: not as to the obervance of the laws of any foreign prince, potentate, or prelate; but as to the cutomed and antient laws of this realm, originally etablihed as laws of the ame, by the aid ufferance, conents, and cutom; and none otherwie.”

the civil law, abolutely taken, is generally undertood the civil or municipal law of the Roman empire, as comprized in the intitutes, the code, and the diget of the emperor Jutinian, and the novel contitutions of himelf and ome of his ucceors. Of which, as there will frequently be occaion to cite them, by way of illutrating our own laws, it may not be amis to give a hort and general account.

Roman law (founded firt upon the regal contitutions of their antient kings, next upon the twelve tables of the , then upon the laws or tatutes enacted by the enate or people, the edicts of the praetor, and the  or opinions of learned lawyers, and latly upon the imperial decrees, or con- titutions