Imágenes de páginas
PDF
EPUB

Anglican self-government requires that every institution of local self-government shall have the right to pass such by-laws as it finds necessary for its own government, without obtaining the consent of any superior power, even that of the crown or parliament, and that of course such by-laws shall stand good in the courts of law, and shall be as binding upon every one concerned as any statute or law. I believe that it is in the Anglican system of liberty alone, that by-laws are enacted and have full force without consent of superior power. There are in other countries exceptions, but they are rare indeed, and very limited in power, while the by-law is the rule in our system. The whole subject of the by-law is characteristic and important, and stands out like the comprehensive and peculiar doctrine of the Anglican warrant. The character of self-government is moreover manifested by the fact that the right of making by-laws is not derived from any grant of superior power, but has been ever considered in the English polity as inherent in the local community-a natural right of the freemen. Coke says, with reference to these laws and their force: "Of more force is the agreement of the folk and people than the grant of the king ;"7 and in another place he says: "The inhabitants of a town, without any custom, may make ordinances or by-laws for any such thing which is for the general

דיי.

magistrate, was a justice of the peace in his county, in which he was imitated by John Adams, and, perhaps, by many of the other ex-presidents.

78 Reports, p. 125.

does not mean, as by the side of anans law of the place pye, that is of the

ettlement as we, in urally express it.10

10

page 230. The quotanotes refer are likewise ery reader.

which the names of many y, and is etymologically 1, to settle, to cultivate), Bua and Boo, and espeSee Adelung ad verbum the Teutonic languages,

gnify laws for a limited of men have the right to e superior law, charter,

and thus it happened we have by-ways, roads that by-law at present he side, as it were, of ns know of the origin, otless that of collateral,

EN

expletive or subordinate law. Such double derivations are not un-
common in our language. The scholar is probably reminded, by
this note, of the term God, which we christians derive from good,
and a better, holier derivation, as to the sense of the word, we
cannot give to it; yet the historical derivation, the verbal etymology
if I might so say, is an entirely different one. See Jacob Grimm's
German Mythology, ad verbum Gott. The starting-point of adora-
tion is, with all tribes, dread, acknowledgment of superior power;
then follows acknowledgment of wisdom, and last of all acknow-
ledgment of goodness, purity, holiness.

END OF VOL. I.

« AnteriorContinuar »