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Collected Papers on the English Law

A Concise Treatise on Terminating the Life Estate

Book 1 Introduction


Index Book 1

  • Introduction
  • Chapter 1: History of English Law
  • Chapter 2: Study of Law
  • Chpater 3: Nature of Law in General
  • Chapter 4: Of the Laws of England
  • Chapter 5: Countries Subject to the Laws of ENgland
  • Chapter 6: Absolute Rights of Man
  • Chapter 7: Corporations
  • Chapter 8: Estates in Possession Remainder & Reversion
  • Chapter 9: Jurisdictions

  • Finding and understang English law, books and writtings

    ♥ this chapter will be going over the different scholar's treatise, from the different era's in the law which represent the land tenure system of the English common law

    the English scholars write a treatise to give a general layout of the entire history of English law till the era the current scholar is writing, these treatise's combine many jurisdictions within a single chapter.

    each chapter is the history of a specific area of law, only the things and laws discussed in each chapter apply to that chapter.

    this treatise is the first step in tracing the law, all law and lawyers drive all the justifiable issues and how these terms and situations are determined.

    the first chapters are the basics, the farther you go into the book the more elaborate the law gets, treatises are of all kinds, general and specific.

    general treatises like Blackstone Commentaries not only explain but also codifies the English common law and equity for the modern land tenure system, this requires the entire history of English law to be explained as well as how the new was granted as well as how the new system takes effect.

    because of the sheer amount of info Blackstone is codifying into justifiable English law, footnotes are used, these footnotes take you to more specific treatise for each area of law Blackstone can only touch on, or the 4 volumes would be 50 or more volumes, like commentaries upon Littleton that codified the previous land tenure system, while coke codifies another.

    it is only by tracing the footnotes and each area of law can one determine its source and true authority, this treatise will walk you through these areas as well as access to these source documents known as treatises in English law


    Some of the sources we are going to be covering in book 1

    Blackstone commentaries Vol 1

    Blackstone Commentaries Vol 2

    Blackstone Commentaries Vol 3

    Blackstone Commentaries Vol 4


    Source

    NOTES: Commentaries on the Laws of England (1765-1769)

    Sir William Blackstone
    Introduction, Section 2

    Of the Nature of Laws in General

    Law signifies a rule of action and applies to all things animate or inanimate. It is these actions that the inferior is bound to obey

    These laws govern matter to which matter can never depart. Matter when added with motion has to conform to certain laws of motion.

    Vegetation & animal kind alike must follow unerring rules in their development i.e from cradle to grave

    Man must also obey these superior laws by the very nature of being a man. Man also must consider laws of action & conduct when dealing with other men; in general his behavior.

    Since man is dependent upon his maker's will he should naturally conform to this will. Regardless of being independent, man is never without the natural laws that govern him. An independent man will only make laws for himself to prescribe to but be always under the rules of natural law.

    Man's maker is called the law of nature. Although endowed with freewill, that freewill is governed by immutable laws of human nature. i.e. 'certain rules for the perpetual direction of motion.

    Precepts established are based on the concepts of the immutable laws of good & evil. We should live honestly, should hurt no one intentionally, & should render everyone his due; 'to which these three general precepts Justinian has reduced the whole law of doctrine' from.

    The rule of right is self love which evolves naturally into happiness. In fact it is the one paternal precept of man's creator being “that man should pursue his own true and substantial happiness.” This universal principle aligns with and is a part of the law of nature. To go against this universal rule that acquires true happiness, though self love, the law of nature forbids it.

    ♥ 'It is binding over all the globe in all countries, and at all times; no human laws are of any validity, if contrary to this: and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original.'

    Blackstone Commentaries

    Within one's own man, although endowed with this universal rule, may act contrary to the principle of happiness. As such man has no recourse but to relegate to reason as nature directs him in every circumstance to be measured against his endowment.

    Through the act of reason man has distributed laws that manage those who have not aligned with this universal rule. Moral code has then denominated from natural law. The former (law of revelation/divine law) is what we imagine the law, through human reason, to be and the latter is preordained through creation.

    Law of nature and the law of revelation (divine), depend all human laws, and no man should ever suffer a contradiction to these laws. Law of revelation is always subordinate to the law of nature. i.e. murder demonstrates this reality whereby it is against the laws of nature initially from which the revelation is acted. In foro conscientiae [in the court of conscience].

    Inferior laws, laws that do not contradict laws of revelation or laws of nature, such as shipping wool to another country, allow for legislation to interpose and make the action unlawful which was not so before.

    Law of nations, a third kind of law was then created to manage societies of men who would form separate states, commonwealths and nations. If man were to live independent then the law of nature would be the only law prescribed but man's nature is to live in a society. Law of Nations would subscribe that no nation is superior to the other which depends entirely upon the rules of natural law. Every society is subject and none can be excluded, so thus civil law is founded that observes 'quod naturalis ratio inter omnes homines constituit, vocatur jus gentium. [That rule which natural reason has dictated to all men, is called the law of nations.]

    Understanding civil laws foundation, through how it came to be from the observation of the laws of nature, then next revelation, so to arrive at the law of nations, we have a road map arriving to municipal laws. Municipal laws are the rules of civil conduct orchestrated by a supreme power, in a state, commanding what is right. “jus civile est quod quisque sibi populus constituit” [“the civil law is that which every nation has established for its own government”].

    Municipal law does not write a rule for each person but rather the society as a whole so as to attain something permanent, uniform & universal. For instance if Titius (artificial person) were to commit an act of treason, it is his sentence rather than the whole of the society. The act is measured against the permanency, uniformity & universality of the law written for society. It is a rule as distinguished from advice from council i.e. council is employed in the art of persuasion whereas law is an injunction and therefore prejudices no one.

    Law is defined to be a rule. It acts separate to what we determine or promise to ourselves. It is a rule that is to be distinguished from a compact or agreement for a compact is a promise proceeding from us and a rule, the law, is a command directed to us.

    Municipal law is also a”rule of civil conduct”. This distinguishes from natural or revealed. Natural law from which the moral code is revealed. Man is bound to the laws of nature and its moral code but this is not the extent of a man's obligation to his society. To enjoy the benefits of a common union civil law regards him as a citizen.

    Laws must be properly formed through acts of parliament, and the like, and then publicly promulgated to society so to endorse an equal distribution. Laws must not be made after the [criminal] action (ex post facto [after the fact] ), so to impose fine or punishment but rather made in futurio [the future] before the action was deemed criminal. Without defined laws then ignorance of the action would result in impunity

    Municipal law is to be subscribed by a supreme power in order that this power can exercise superiority over a citizen. Sovereignty & legislature are therefore convertible terms; one cannot subsist without the other.

    Municipal law is to be subscribed by a supreme power in order that this power can exercise superiority over a citizen. Sovereignty & legislature are therefore convertible terms; one cannot subsist without the other.

    Societies formulate as a result of man's wants and fears and then society sticks together via their weaknesses and imperfections. This demonstrates the need for the union and the subsequent foundation of civil laws. It is the cement that society builds upon so to protect the whole. It is established for the benefit of the whole through the protection of each individual member. As such every individual should submit to the laws of the community. If not then protection becomes impossible and would not extend to any.

    Governments are thus formed to legislate & protect the laws that govern its citizens. Governments shall consist of those people who demonstrate a connection with the supreme laws of nature and from this exhume three grand requisites: Wisdom, goodness & of power (does he demonstrate a love of thyself & thus true happiness which is inline with the laws of nature). 'wisdom, to discern the real interest of the community: goodness, to endeavor always to pursue that real interest; and strength, or power, to carry this knowledge and intention into action. These are the natural foundations of sovereignty, and these are the requisites that ought to be found in every well-constituted frame of government.'

    Sovereignty must reside a supreme power, and its citizens, either by express or tacit procuration, must adhere to its rules for as long as this supreme power and its method of governance is not operating as a matter of political zeal but with wisdom, goodness and power.

    Political writers of antiquity only recognize three forms of governance, democracy (consisting of an aggregate of free members of society), an aristocracy (a council composed of select members) and a monarchy (entrusted in the hands of a single person) from which all other species of government originate from.

    The sovereign power is observed the making of the laws in whatever form of government a society has accepted. For its constitution to be valid, this sovereignty and it rights must be acknowledged.

    Democracy is the most sought form of governance although frequently foolish in their contrivance or weak in their execution, it is generally thought to be just & fair and supports patriotism. Aristocracies is found to be a better at forming wisdom based edicts and laws as it is composed of the most experienced of a societies citizens but is less honest than a republic, and a monarchy is the most powerful form of governance but is in danger of employing an improvident view or an oppressive agend

    Cicero's opinion is “esse optime constitutam rempublicam, quae ex tribus generibus illis, regali, optimo, et populari, sit modice confusa” [“the best constituted republic, is that which is duly compounded of these three estates, the monarchical, aristocratical, and democratical”]; where as Tacitus concludes that a mixed government would never be lasting or secure.

    Cicero

    'The sovereignty of British constitution has 'the executive power of the laws is lodged in a single person, they have all the advantages of strength and dispatch, that are to be found in the most absolute monarchy: and as the legislature of the kingdom is entrusted to three distinct powers, entirely independent of each other; first, the king; secondly, the lords spiritual and temporal, which is an aristocratical assembly of persons selected for their piety, their birth, their wisdom, their valor, or their property; and thirdly, the house of commons, freely chosen by the people from among themselves, which makes it a kind of democracy; as this aggregate body, actuated by different springs, and attentive to different interests, composes the British parliament, and has the supreme disposal of every thing; there can no inconvenience be attempted by either of the three branches'... thus there is always sufficient power to repel the other if not acting in the best interest of its society.

    It is therefore entrusted to a government, the wills of the many, in correlation to its bond with a public constitution.

    The governments duty as acting sovereign is not to enforce individual rules to govern individuals but to create laws based on the will of its society. Whether a positive or negative rule its duty is to administer just the same. A man is to first do to another as he himself wishes done upon him and must measure himself against what is honest or dishonest or indifferent and what degree of natural liberty is to be expected when compared to the benefit of the whole in order to create security and tranquility.

    Stemming from the definition of “municipal law is a rule of civil conduct prescribed by the supreme power in a state” it is first imperative to upload a discernment of what is right and what is wrong. To create then provide a concise directory for enforcing the rights of a society and to restrain or redress these wrongs.

    Several parts must be recognized in law:.. 'declaratory; whereby the rights to be observed, and the wrongs to be eschewed, are clearly defined and laid down: another, directory: whereby the subject is instructed and enjoined to observe those rights, and to abstain from the commission of those wrongs: a third, remedial: whereby a method is pointed out to recover a man’s private rights, or redress his private wrongs; to which may be added a fourth, usually termed the sanction, or vindicatory branch of the law; whereby it is signified what evil or penalty shall be incurred by such as commit any public wrongs, and transgress or neglect their duty.'

    Declaratory depends on the wisdom of the legislator. The rights already inherent in all of man, as formally dissected in the laws of nature – those laws that neither can be taken or given away – do not need to be declared in municipal law as they are already inviolable unless through an act, by the owner, results in a forfeiture of his inherent rights. The legislator has no power to make a wrong a right or vice versa but only to act in accordance of the intrinsic laws that then create the precepts of law to administer the rules that constitute a societies sovereignty.

    Municipal laws that are not in violation to the laws of nature then become a matter of legislation which proves a benefit for the whole of society. Such as monopolies are a public offense (Bar Union?). It is up to the legislator to then promulgate laws that in and of themselves protect the interest of all citizens.

    This is much of the means of declaratory law, and its directory that comes from its footing, and from the agreements of what is the rights & what are the wrongs make for the rules that govern its citizens.

    Remedial part of the law is essential to validate a municipalities declaratory laws and thus its directory. Man needs to be provided a recourse; if through a violation of a municipal law he has sustained physical or pecuniary damage a man needs a remedy. This remedy in law protects the law itself and gives support to its validation. Disseisin of land, for instance, can be sought for remedy

    A societies reward is sought to be the punishment derived from being in violation of its laws, so enforced to protect each citizen while they are in obedience to them. Since society as a whole is of no cost for doing good and only a cost for doing bad it is too costly to provide rewards for being of virtue. Thus government is more vindicatory and less remuneratory.

    The principle obligation of human laws is to compel a citizen to be in compliance to its laws or receive the penalty annexed to it

    Rewards are said to persuade and allure in contrast to penalties for non compliance. Legislators chose to formulate their laws against the transgressors of the law. Using an impending correction as their means to promote a determinate outcome. Fear of reprisal substantiates their rules for non compliance. Laws are said to be binding on a man's conscience. Laws that are indifferent, not inherently regulated by the laws of nature, and are not mixed in moral guilt, therefore not affecting one's conscience, are enjoined in penalties so as to imprint a condition of conscience. Laws of society made penal are said to inflict an adequate compensation for the inconvenience that arose from the offence and thus society receives its reward. Public mischief or private injury is an offence against conscience whereas not paying your taxes b/c not receiving proper service is not against one's own conscience.

    As is shown municipal law is a rule of conduct prescribed by a supreme power commanding what is right from what is wrong. Vindicatory laws are its biases which are made valid through civil remedies. These civil remedies are the reward a society receives for being in obedience to such rules and the penalties derived from those who violate the municipal laws.

    During Roman [equity] law when a law was in doubt it was given to the emperor for his opinion and this opinion became known as a rescript. Rescripts then could be used in succeeding cases therefore creating perpetual law. Some believe this act of using rescripts for creating precedence in law was wrong and the law should only retain the original edict. But Justinian thought otherwise and has preserved them all. Canon laws or decretal epistles of the popes are of all of them rescripts in the strictest sense. They are contrary to all forms of reasoning, they argue from particulars to generals.

    'The fairest and most rational method to interpret the will of the legislator, is by exploring his intentions at the time when the law was made, by signs the most natural and probable. And these signs are either the words, the context, the subject-matter, the effects and consequence, or the spirit and reason of the law.'

    Words used in law are first to be used in its most common sense. It is common to annex a proeme (preface) or preamble to assist in the construction of an act of parliament. Words that are ambiguous or dubious are to be measured against the spirit of the law which caused the legislator to enact the law; its reason. Subject-matter defines the words so to know what it is in relation to. Lawyers are best to be used for a words discernment.

    'As to the effects and consequence, the rule is, that where words bear either none, or a very absurd signification, if literally understood, we must a little deviate from the received sense of them.'

    Story concerning spirit of the law - 'An instance of this is given in a case put by Cicero, or whoever was the author of the treatise inscribed to Herennius.16 There was a law, that those who in a storm forsook the ship, should forfeit all property therein; and that the ship and lading should belong entirely to those who staid in it. In a dangerous tempest all the mariners forsook the ship, except only one sick passenger, who by reason of his disease was unable to get out and escape. By chance the ship came safe to port. The sick man kept possession, and claimed the benefit of the law. Now here all the learned agree, that the sick man is not within the reason of the law; for the reason of making it was, to give encouragement to such as should venture their lives to save the vessel: but this is a merit, which he could never pretend to, who neither staid in the ship upon that account, nor contributed anything to its preservation.'

    This story gives rise to equity and thus is the biases for all law. It leaves room for unforseen circumstances for if the circumstance was forseeable then the legislator would of expressed it in the law when made. “lex non exacte definit, sed arbitrio boni viri permittit” [“law does not define exactly, but leaves some discretion to the wise judge”].

    'Equity thus depending, essentially, upon the particular circumstances of each individual case, there can be no established rules and fixed precepts of equity laid down, without destroying its very essence, and reducing it to a positive law. And, on the other hand, the liberty of considering all cases in an equitable light, must not be indulged too far; lest thereby we destroy all law, and leave the decision of every question entirely in the breast of the judge. And law, without equity, though hard and disagreeable, is much more desirable for the public good, than equity without law: which would make every judge a legislator, and introduce most infinite confusion; as there would then be almost as many different rules of action laid down in our courts, as there are differences of capacity and sentiment in the human mind.'

    Commentaries on the Laws of England (1765-1769): Notes

    Summary: No matter what you have claimed while acting in the capacity of a citizen, the municipal laws will always favour the express or tacit procuration of the society it is said to govern. Penalties enforced through the violation of its laws are forever supported by providing a remedy to those who are in obedience to its legislation. Societys' reward is garnered through the punishment adjudged from those who are said to be in violation of a society's rules. All laws are to be measured in equity so as to allow room for unforseen circumstances that were not contemplated when the rule was first constructed then promulgated.

    Maxims of Law: Equity

    • Aequitas agit in personam. Equity acts upon the person. 4 Bouv. Inst. n. 3733.
    • Aequilas sequitier legem. Equity follows the law. 1 Story, Eq. Jur. 64.; 3 Wooddes. Lect. 479, 482
    • Equity looks upon that as done, which ought to be done. 4 Bouv. Inst. n. 3729; 1 Fonbl. Eq. b. 1, ch. 6, s. 9, note; 3 Wheat. 563
    • In fictione juris, semper subsistit aequitas. In a fiction of law, equity always subsists. 11 Co. 51

    Our responsibility is first to demonstrate that we are in accordance with the laws of nature which are through the loving of self, and will subsequently evolve into an appreciation & respect for all of creation, its immutable laws, and thus return to man his true inheritance; the experience of unabated happiness.

    This is the law. Man has an unalienable right to pursue his happiness and this is done through the loving of thyself which returns immediately the love for all of creation and its laws.

    Overview: Our first order of business, in relation to obtaining status through a claim in a court of queen's bench, is to prove that a society's laws do not adhere to the laws of nature or the divine laws (law of revelation) from which they are said to be derived from. Natural law, for greater certainty, is the cornerstone for all laws witnessed. Corporations and thus governments cannot ever experience happiness and of course the love of oneself. They are artificial in nature.

    Maxim of law:

    • Fictio est contra veritatem, sed pro veritate habetur. Fiction is against the truth, but it is to have truth
    • Les fictions naissent de la loi, et non la loi des fictions. Fictions arise from the law, and not law from fictions.
    • Nunquam fictio sine lege. There is no fiction without law.
    • Relatio est fictio juris et intenta ad unum. Reference is a fiction of law, and intent to one thing. 3 Co. 28.

    Natural law emphasizes that man shall strive towards complete happiness and the love of thyself so to be in harmony with nature or forever be in conflict with himself and thus creation. Natural law forbids the latter.

    Sovereign governments were formulated to abide to natural law, through its intrinsic understanding, so as to remain in peace with one another. It is therefore proof that the governments that rule today's societies are in conflict with this rule for they operate not in the interest of man but the artifices it has created from itself... i.e. false idols.

    Sovereign governments were formulated to abide to natural law, through its intrinsic understanding, so as to remain in peace with one another. It is therefore proof that the governments that rule today's societies are in conflict with this rule for they operate not in the interest of man but the artifices it has created from itself... i.e. false idols.

    If love for oneself is the natural order, so arrive at happiness, so to be in harmony with our fellow man and all of creation, then a preponderance of evidence exists already in reality whereby our national & international governments are promulgating, by their own laws & edicts, that they do not honour the laws from which their laws are founded upon. This is contrary to what they have socially, as men and women, historically, have agreed to.

    We can now easily deduce that all laws made under any said society is requesting from us, as men, to acquiesce to the impossible and thus evidence that to be asked to submit to the impossible is not a law at all but slavery.

    Maxims of Law: Law & Fiction
    • The law does not seek to compel a man to do that which he cannot possibly perform.
    • The law requires nothing impossible.
    • The law compels no one to do anything which is useless or impossible.
    • No one is bound to do what is impossible.
    • Impossibility excuses the law.
    • A l'impossible nul n'est tenu. No one is bound to do what is impossible. 1 Bouv. Inst. n. 601.
    • Lex non cogit impossibilia. The law requires nothing impossible. Co. Litt. 231, b; 1 Bouv. Inst. n. 951
    • Lex non intendit aliquid impossibile. The law intends not anything impossible. 12 Co. 89.
    Slavery:
    • Quotiens dubia interpretatio libertatis est, secundum libertatem respondendum erit. Whenever there is a doubt between liberty and slavery, the decision must be in favor of liberty. Dig. 50, 17, 20.
    • Misera est servitus, ubi jus est vagum aut incertum. It is a miserable slavery where the law is vague or uncertain. 4 Co. Inst. 246.

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