Quote#Politics & Power
If the custom be general, it is the law of the realm: if local only,…
Quote byJoseph Yates · 1722–1770
Commonly attributed — not confirmed in an authoritative edition. Cited on Wikiquote to: Dissenting in Millar v Taylor (1769), 4 Burr. Part IV., 2368..
English (original)
If the custom be general, it is the law of the realm: if local only, it is lex loci, the law of the place. Now, all laws are general, as far as the law extends; and all customs of England are of course, immemorial.1 No usage, therefore, can be part of that law, or have the force of a custom, that is not immemorial.
— Joseph Yates
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The Court must have ministers : the attornies are its ministers.
It is proper to inquire into the practice and precedents; and to see whether they have been uniform and concomitant.
The sheriffs of London have been immemorially the sheriff of Middlesex.
Old rights must remain: it would be very unreasonable if it should be otherwise.
The Courts can take no notice of anything but what comes judicially before them.
Great attention and respect is undoubtedly due to the decisions of a Lord Chancellor: but they are not conclusive upon a Court of common law.