4.

PARTICULAR CUSTOMS are those which are only in Ufe within fome peculiar Districts; as Gavelkind, the Customs of LONDON, &c.

5.

These 1. must be proved to exift;

2. muft appear to be legal; that is immemorial, continued, peaceable, reasonable, certain, compulfory, and con3. muft, when allowed, receive a strict

fiftent; Conftruction.

6.

PARTICULAR Laws are fuch as, by special Cuftom, are adopted and used only in certain peculiar Courts, under the Superintendance and Controll of the common and ftatute Law; namely, the ROMAN CIVIL and CANON Laws.

7.

The WRITTEN OF STATUTE Laws are the Acts which are made by the King, Lords, and Commons, in Parliament; to fupply the Defects, or amend what is amifs, of the unwritten Law.

8.

In order to give a more specific Relief, than can fometimes be had, through the Generality of both the unwritten and written Law, in Matters of private Right, it is the Office of EQUITY to interpofe.

SECT. IV.

Of the COUNTRIES fubject to the Laws of
ENGLAND.

I.

HE Laws of ENGLAND are not received in

their full Extent in any other Territories, befides the Kingdom of ENGLAND, and the Dominion of WALES; which have, in moft refpects, an entire Communion of Laws.

2.

SCOTLAND, notwithstanding the Union, retains it's own municipal Laws; though fubject to Regulation by the BRITISH Parliament.

3.

BERWICK is governed by it's own local Ufages, derived from the Scots Law, but bound by all Acts of Parliament.

4.

IRELAND is a diftinct fubordinate Kingdom, governed by the common Law of ENGLAND; but not bound by modern Acts of the BRITISH Parliament, unless particularly named.

5.

The Ifle of MAN, the NORMAN Ifles, (as GUERNSEY, &c,) and our PLANTATIONS abroad, are governed by their own Laws; but are bound by Acts of the BRITISH Parliament, if specially named

therein.

6.

The Territory of ENGLAND is divided, ECCLESIASTICALLY, into Provinces, Diocefes, Archdeaconries, rural Deanries, and Parishes.

7.

The CIVIL Divifion is, firft, into Counties, of which fome are palatine; then, fometimes, into Rapes, Lathes, or Trithings; next into Hundreds, or Wapentakes; and, laftly, into Towns, Vills, or Tithings.

Воок

BOOK THE FIRST.

Of the RIGHTS of PERSONS.

CHAPTER I.

Of the ABSOLUTE RIGHTS of INDIVIDUALS.

THE

I.

HE Objects of the LAWS of ENGLAND are, 1. RIGHTS, 2. WRONGS.

2.

RIGHTS are the Rights of PERSONS, or the Rights of THINGS.

3.

The Rights of PERSONS are fuch as concern, and are annexed to, the Perfons of Men: And, when the Perfon To whom they are due is regarded, they are called (fimply) RIGHTS; but, when we confider the Perfon FROM whom they are due, they are then denominated DUTIES,

4. PER

45

PERSONS are either NATURAL, that is, fuch as they are formed by Nature; or ARTIFICIAL, that is, created by human Policy, as Bodies politic or CORPORATIONS.

5:

The Rights of NATURAL Persons are, 1. ABSOLUTE, or fuch as belong to Individuals. 2. RELA TIVE, or such as Regard Members of Society.

6.

The ABSOLUTE RIGHTS of INDIVIDUALS, regarded by the municipal Laws, (which pay no Attention to DUTIES of the abfolute Kind) compofe what is called political or civil LIBERTY.

7.

Political or civil LIBERTY is the natural Liberty of Mankind, fo far reftrained by human Laws as is neceffary for the Good of Society.

8.

The abfolute Rights, or civil Liberties, of ENGLISHMEN, as frequently declared in Parliament, are principally three; the Right of PERSONAL SECURITY, of PERSONAL LIBERTY, and of PRIVATE PROPERTY.

9.

The Right of PERSONAL SECURITY confifts in the legal Enjoyment of Life, Limb, Body, Health, and Reputation.

10. The