INTRODUCTORY CHAPTER.

Preliminary observations-Origin of our Laws, traced to Feudal System-Feuds-TenuresFeuds first granted at will of Grantor, then for life, after a while became inheritableSubtenure-Statute Quia Emptores 13 Ed. I. -Statute 12 Car. II., c. 4-Modern English Tenures.

WHEN men and nations have advanced to a certain high degree of civilization, they are capable of viewing things in the abstract.

But laws of some kind or another have ever existed, even amongst the inhabitants of the most barbarous countries. Hence, long before the period, at which nations are able to form systems of jurisprudence, on abstract principles of philosophy, they find themselves surrounded by a series of customs, which long usage and common consent

B

have made the rule of their actions, and dignified with the name of laws.

Indeed it is not from abstract principles that the laws, which govern most nations have been drawn, nor is it upon abstract principles alone that they can be rightly estimated, and carried into effect.

They have flowed gradually in most instances, from the necessities of mankind. Hence various anomalies amongst them. Hence too, it cannot be supposed, that laws, the growth of ages, originating in desultory practices, ripened into customs, at length invested with the high and sacred sanction of laws, elaborated with different enactments, emanating from different minds, under different circumstances, and in different ages, will form a compact and unique system.

We must not, therefore, wonder to perceive an absence of that uniformity and consistency of principle, which might characterize a code, emanating from some master mind; or resulting from the united labours of wise and learned men, met to deliberate upon, and accomplish, so great an undertaking.

It is true, that when nations have emerged from barbarism, they may perceive that a system of jurisprudence, more sound and uniform in its principles, more harmonious in its details, more beneficial in its tendencies and operations, might have been formed, than the heterogeneous mass, by which they then find themselves governed. But the same degree of civilization which has taught them this, has taught them also to know and to appreciate the benefits to be derived from stability; and the experience of our ancestors, throughout many generations, tells us, that they thought it better to preserve a system which worked moderately well, at any rate well enough for most practical purposes-a system which the test of long experience proved to have been beneficial, than to adopt what might, in theory, seem better, but might, in practice, have turned out to be far worse.

And it is hence that, in many minds, the perception of error in legislative details, is not always attended with a determination, or even a desire, to adopt what may appear better.