Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1847-07-09
For the Free Pressl
A NEW LAW DICTIONARY
or jacobs Illustrated.
BY GODFREY GRANT, ATTORNEY.

CusToM-Parficuldr-is defined to be "a law, not
written. but established by long usage" particular
custom is po-pe, in the cooking OF which the law is
accustomed to be exceedingly particuar-requiring,
in fact, 80 many ingredients in order to :" make it
good'-as the law expresseh it-as to be hardly worth
the trouble. The following few Of the requisites
necessary to make good custom -
II must hare great antiquity: indeed, the older the
better. But if any body knows its exact age-f even
the I" oldes, inhabitunt" should happen to remember
the beginning of it, then it don't begin" to be Gus.
toni See Co. Lit. ll3.
II must hare been uninterrupted: for particular
custom, like sensitive public speaker, is rery partic.
uar, and if it suffers any interruption, it won't go
on"
Note. From the two requisites above it is manifest
that if neither the beginning end OF custom
be ascerained it is, quodd hdec, good custom but
if any one is able TO make head or tail Of it," it is
good for nothing.
Again, it must hare been peaeedble. From this
requisite i, is plain as pike staff that duclling, and
all iea,s of the ring exclusive Of marmony0 arc
not good customs.
A custom must be reasonable. Littleton, : 2l2.
But Sir Edward Coke, who, BY the by, comes down
upon Ltcton" on every possible occasion, pcrceiv.
ing that to require all customs TO be reasonable, was
very unreasonable requirement which would scatter
many Of them to the winds, and render the office Of
collector of customs" unreasonably onerous saith
ENORMOUSLY, touching the word reasonable that i,
is be understood Of every unlcarned mans rca
son, but Of artificial and legal reason" To prevent all
cavlng Of the uncarncd to the soundness Of arti-
cal reasons, Sir Edward judiciously adds ,oar-
rdnted by law"
Again. it is required that "cusoms should be Ger.
tain" But as this proposition implies that there are
certain customs which not certain which is an OBJ.
vious contradiction in TERMS the doctrine is deemed
unworthy Of further investigation.
Ddmnum SUM. This phrase doth not inpor, n
profnne and peremptory command of the law, that an
aggrieved person shall bring immediate suit against
the wrong -doers,-as one who is led by his ears
might hastily gne,-but is a Latin expression
which signifies ones own hurt" and contains no in.
tmation Of hurting any body else.
DEFENDER Of the Faith. This title was frs, con.
ferred on Henry the Eighth of England, by Pope Lee
the Tenth, in reward for his Maes,ys labor in writing
a pamphlet against Martin Luther But notwi,h.
standing the kings devotion to the Sacrameas Of the
Church, especially that OF Marriage, Of which he i:
represented to have partaken with Amos, indecen,
frequency his majesty, by the adjustment Of the
monasterles, involved himself in difficulties with tn,
See, in which he came near being swnmped Pope
Leu, who Is said to have been lion of Pope, be
coming incensed at the kings detection, commenced
on action against him for the purpose Of defeating
his title" Like Jove in the fable of Europa assum
ing the shape OF bull" he came down upon the kim
IN the most furious manner. His majesty, however
managed to escape with whole crown, which to
gether with the title, fdei defensor, has descended
without receiving any serious injury in the fall to thu
present Queen, Victoria.
DENIzES. denzen is an alien bonn, but who hiatt
been made an English subject by letters patent of tn
king. Rep 25. Blu, the " sovcreigns" of the Unite,
States have patent" for the denization, or rattle
the naturalization of aliens which is vastly superior
the English machinery used for tina, purpose, both il
simplicity OF construction and power of execution.
is usually erected in places the sea board and
capable Of manufacturing several hundred prime ci,i
zens in day. Indeed, the American doctrine in re
lauon to the naturalization Of Aliens seem. very ex
acty expressed in the liberal sentiment of Terence
nihil humanum mhi alienum
ave esteem nothing foreign tina, is human"
But the Mattress a savage tribe now nearly extinc,
pervert this beautiful passage, by translation Us bar
barous as themselves
1--WE consider nothing human that is foreign!