On the common law as the law of custom:
"[T]hat Part of our Laws called, Lex Non Scripta, under which I include not only General Customs, of the Common Law properly fo called, but even thofe more particular Laws and Cuftoms applicable to certain Courts and Perfons....” Matthew Hale, The History of the Common Law of England, ch. 2, at 22.
The lex non scripta, or unwritten law, includes not only general customs, on the common law properly so called; but also the particular customs of certain parts of the kingdom; and likewise those particular laws, that are by custom observed only in certain courts and jurisdictions.” 1 William Blackstone, Commentaries, intro., § 3, at 63.
On the common law as unwritten law:
“I therefore ftile thofe Parts of the Law, Leges Non Sriptæ, because their Authoritative and Original Inftitutions are not fet down in Writing in that Manner, or with that Authority that Acts of Parliament are; but they are grown into Ufe, and have acquired their binding Power and Force of Laws by a long and immemorial Ufage, and by the Strength of Cuftom and Reception in this Kingdom.” Matthew Hale, supra, at 23.
“I therefore style these parts of our law leges non scriptæ, because their original institution and authority are not set down in writing, as acts of parliament are, but they receive their binding power, and the force of laws, by long and immemorial usage, and by their universal reception throughout the kingdom.” 1 William Blackstone, supra, at 64.
On the subject matter of the common law:
“The Common Law in its ufual and proper Acceptation. This is that Law by which Proceedings and Determinations in the King’s Ordinary Courts of Justice are directed and guided. This directs the Courfe of Difcents of Lands, and the Kinds; the Natures, and the Extents and Qualifications of Eftates; therein alfo the Manner, Forms, Ceremonies and Solemnities of transferring Eftates from one to another: The Rules of Settling, Acquiring, and Tranferring of Properties; The Forms, Solemnities and Obligations of Contracts; The Rules and Directions for the Expofition of Wills, Deeds, and Acts of Parliament. The Procefs, Proceedings, Judgments and Executions of the King’s Ordinary Courts of Juftice; The Limits, Bounds and Extents of Courts, and their Jurifdictions. The feveral Kinds of Temporal Offences, and Punifhments at Common Law; and the Manner of the Application of the feveral Kinds of Punifhments, and infinite more Particulars which extend themselves as large as the many Exigencies in the Diftribution of the King’s Ordinary Juftice requires.” Matthew Hale, supra, at 24 (emphasis added).
(“[The common law], for the most part, settles the course in which lands descend by inheritance; the manner and form of acquiring and transferring property; the solemnities and obligation of contracts; the rules of expounding wills, deeds, and acts of parliament; the respective remedies of civil injuries; the several species of temporal offences, with the manner and degree of punishment; and an infinite number of minuter particulars, which diffuse themselves as extensively as the ordinary distribution of common justice requires.” 1 William Blackstone, supra, at 68 (emphasis added).
On the territorial limits of the grand jury:
“The grand jury are sworn ad inquirendum pro corpore comitatus; and therefore, regularly they cannot enquire of a fact done out of their county, for which they are sworn, unless specially enabled by act of Parliament, but only in some special cases....” 2 Matthew Hale, Pleas of the Crown 163, as quoted in Rex v. Burdett.
“The grand jury are sworn to inquire only for the body of the county, pro corpore comitatus; and therefore they cannot regularly inquire of a fact done out of that county for which they are sworn, unless particularly enabled by an act of parliament.” 2 William Blackstone, supra, bk. 4, ch. 23, at 303.
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