from immemorial custom; and, for the most part, derives its origin from acts of parliament made in the times that immediately followed the conquest, particularly those anterior to the time of Richard the First, the originals of which are lost. The principal objects settled by the common-law, are the rules of descent, the different methods of ae. quiring property, and the various forms required for rendering contracts valid; in all which points it differs, more or less, from the civil-law. Thus, by the common-law, lands descend to the eldest son, to the exclusion of all his brothers and sisters; whereas, by the civil-law, they are equally divided between all the children: by the common-law, property is transferred by writing; but, by the civil-law, tradition, or actual delivery, is moreover requisite, &c. The source from which the decisions of the common-law are drawn, is what is called præteritorum memoria eventorum, and is found in the collection of judgments that have been passed from time immemorial, and which, as well as the proceedings relative to them, are carefully preserved under the title of records. In order that the principles established by such a series of judgments may be known, extracts from them are, from time to time, published under the name of reports; and these reports reach, by a regular series, so far back as the reign of Edward II, inclusively. Besides this collection, which is pretty voluminous, there are also some ancient authors of great authority among lawyers; such as Glanvil, who wrote under Henry II.-Bracton, who wrote under Henry III.-Fleta and Lyttleton. Among more modern authors, is sir Edward Coke, lord

chief-justice of the king's-bench, under James 1, who has written four books of Institutes, and is at present the oracle of the common law. This law, moreover, comprehends some particular customs, which are fragments of the ancient Saxon laws, escaped from the disaster of the conquest; such as that called gavel-kind, in the county of Kent, by "which lands are equally divided between the sons; and that called borough English, by which in some particular districts, lands descend to the youngest

son.

COMMON Measure, is that which measures two or more things without a remainder. Thus of 8 and 12, a common measure is 2 and 4. The greatest common measure is the greatest number that can measure two other numbers; thus of 8 and 12 the greatest common measure is 4. To find the greatest common measure: "Divide the greater term by the less, then divide the divisor by the remainder if there be any, and so on continually till nothing remains, then is the last divisor the greatest measure sought."

COMMON-PLACE BOOK, a register of such thoughts and observations as occur to a person of reading or reflection. Mr. Locke's celebrated method of arranging a common-place book is explained as follows:

The first page is to serve as a kind of index to the whole, containing references to every place or matter therein; and in the commodious contrivance of this index, so as that it may admit of a sufficient copiousness without any confusion, all the secret of the scheme consists. To this end, the first page, as already mentioned, or for more room, the num

cumstance.

ber of pages necessary, are to be divided by parallel lines into 25 equal parts; whereof every fifth line is to be distinguished by its colour, or other cirThese lines are to be cut perpendicularly by others, drawn from top to bottom, and in the several spaces thereof the letters of the alphabet, capital and minuscle, duly written. The form of the lines and divisions, both horizontal and perpendicular, will be conceived from the following specimen; wherein what is to be done for every letter of the Alphabet, is shewn in the two first: A, B.

a

e

a

je 1, 2.

B. i

The index being thus formed, the book is ready for receiving insertions. In carrying them to the index, it is to be considered to what head the matter to be entered is most naturally referred, and

30

COMMON-PLACE BOOK.

under which it would most commonly be sought. In this head, or word, regard is to be had to the initial letter, and the first vowel, which are the characteristic letters upon which all the use of the index depends. "Suppose, for instance, I would enter down a passage that refers to the word beauty. B, I consider, is the initial letter, and e the first vowel: then, looking upon the index for the partition B, and therein, for the line e (which is the place for all words whose first letter is b, and first vowele; as beauty, beneficence, bread, breeding, blemishes,) and, finding no numbers already down to direct me to any page of the book where words of this characteristic have been entered, I turn forward to the first blank page I find (which, in a fresh book, may be the second), and here write what I have occasion for on the head of beauty ; beginning the head in the margin, and indenting all the other subservient lines that the head may stand out and show itself: this done, I enter the page, where it is wrote, (viz. 2.) in the index, in the space B-e; from which time the class B-e becomes wholly in possession of the 2d and 3d pages, which are consigned to words of this characteristic. -Had I found any page or number already entered in the space B-e, I must have turned to the page, and wrote my matter in what room was left therein: so, if after entering the passage on beauty, I should have occasion for benevolence, or the like, finding the number 2 already possessed of the space of this characteristic, I begin the passage on benevolence in the remainder of the page; which not containing the whole, I carry

it on to page 3, which is also for B-e; and add the number 3 in the index.

COMMON-PLEAS, one of the king's courts, formerly part of the aula regis; but as this latter court was bound by its institution to follow the person of the king, and private persons experienced great difficulties in obtaining relief from a court that was ambulatory, and always in motion, it was made one of the articles of the great charter that the court of common-pleas should thence forward be held in a fixed place; and since that time it has been seated at Westminster. It is composed of a lord chiefjustice, with three other judges; and appeals from its judgments, usually called writs of error, are carried before the court of King's bench. All civil causes, as well real as personal, are triable in thist court, according to the law of the land. In per/ sonal and mixed actions it has an equal jurisdiction with the king's bench; but can take no cognizance of pleas of the crown. Thus informations, in which the king is plaintiff, and the suit criminal, can only be allowed or granted, in the king's bench.

COMMONS, House of, the popular branch of the legislature and government of Great Britain, and › the basis of the British constitution. The origin of this assembly ought, perhaps, to be attributed to the necessity under which the first Edward perceived himself of counteracting a powerful aristocracy. The feudal system had erected a band of petty monarchs from whom the crown was in perpetual danger. It is to the struggles of these men with regal authority, in the course of which, in order to strengthen their opposition, they were obliged to make a common cause with the people,