Quote
"The common law is the custom of the kingdom, and we are bound to know it, and must be all governed by it."
C
Common law"I am not for stirring a single pebble of the common law."
Common law is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case.
"The common law is the custom of the kingdom, and we are bound to know it, and must be all governed by it."
"In a perfectly new case—a case altogether primae impressionis—I think the Judges are bound to hold fast to the principles of the common law—to remember the maxim, "Salus reipublicae suprema lex," and if the condition be really in principle against the public good, to pronounce it in their judgment void."
"The common law, though not to be found in the written records of the realm, yet has been long well known. It is coeval with civilised society itself, and was formed from time to time by the wisdom of man. Good sense did not come with the Conquest, or at any other one time, but grew and increased from time to time with the wisdom of mankind."
"I shall always as far as I can by law endeavour to support the common law of the land and that excellent method of trial by juries, upon which all our lives, liberties and properties depend; and I shall endeavour as far as I can to prevent the encroachment of any jurisdiction whatever that proceeds by another law and another method of trial."
"The common law of England must direct the determination of a common law question. By common-law determinations we are bound; and to them we must always adhere: for, these are the proper constitutional declarations of the law of the land. They are so considered, even by the Court of Chancery itself. When any doubt arises in a cause of equity concerning a point of common law, it is usually referred to the determination of a Court of Common Law."
"There is no doubt whatever that as far as common law is concerned, the Courts in this country have been bound, most of them, by inflexible rules handed down in great measure from the time of the Plantagenets, and until certain modern statutes were passed there was no possibility of altering or improving them."