1821 May 5

First Lines

Divisions

General division of the aggregate body of the Law.

Taking in the aggregate /On viewing/ the aggregate of that which in any century has the force of law, it will be found divisible in the first place, the whole of it, into two portions or branches: viz in the first place, that in which the rule of action is laid down, simply and absolutely, without reference to the functions of any such members of the community, as those whose business it is, under some such name as that of Judges, or ministers of justice, to service the observance of: in the next place that in which a description is given of the course to be taken by those same official persons for securing the observance of, and giving execution and effect to, that same the several arrangements continued in that same main or substantial branch. This branch may be distinguished by the name of the adjective branch of law of judiciary procedure.

Taken in the aggregate t/T/he main or substantive portion or branch of the law, may again be distinguished into two portions or branches: in the first place that in which individuals are considered separately only and in their private capacity. This may be distinguished by the name of pivate law - in the next place, that by /in/ which men /individuals/ are regarded collectively and in some collective capacity, with a view to the powers necessary to be exercised by some of them over others, for the good of the whole: this branch may be distinguished be the name of public or constitutional law.