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The method of reference by numeration [of the parts articles refered to] seems to
have been neglected in the Law, for no other reason but because than that its simple:
in every other Science, [&] on every other occasion of life, it is of in
daily use and of manifest advantage.
There is this however to be observed [concerning it] that it's adoption of it depends
not only upon only what is done at the time and upon the instrument
referring: because the Law must remain at best a subject of laborious speculation. [ but upon what has been done before and upon the instrument
referred to. penetrated by the persuasion that seems to prove pervade the Law that that must be best Law which excites most labor.
This being the case, it is apparent that any plan of diversion & correspondent numeration which
can be pursued with respect to [any] future instruments of Legislation
can only stop the progress of and not cure the evil which has arisen
from it's neglect: something must be done to those which are already
extant in order to receive those advantages to the extent of which they
are susceptible: I say of which they are susceptible, for it will presently
be seen, that their capacity has limits very far short of.
That something is obvious enough, & is easily excused: it is only to take
some printed edition, Ruffhead's for example I believe there is no difference,
& from that to transcribe on the Parliament Roll the number of each Section.
As that Edition of the Statutes which is printed by authority is not
numbered, it will be necessary to declare that other Edition whatever
it is which is used, to, for this purpose, the standard of authenticity.
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The circumstances which seems to have guided the numeration is
the [termination] commencement of a fresh Sentence
This commencement seems to be evidence by one of these three Marks.
1st. A conjunction introducing the formulary of original enactment
as "And be it further enacted." or
2d A conjunction introducing some recital And whereas &c.
"And for the better discovering" &c.
3d The limitative term "Provided".
The division & consequently the numeration will admit of no further
minuteness, because beyond these there are no other assignable points
whereat any Article can be said to begin or end.
Thus it is there are certain sentences to be found in the Statute Book
in which tho' their contents are equal to those of 2 or 3 Newspapers
put together, yet in all that immense space is there not one point a single station at
which the jaded attention can find repose. Of these therefore not any
one portion can be distinguished from another by reference, but only
by recital. repetition.
By 12. G. 2. 36. § 3 [Books] for want of numbered divisions in
the act 8. A. 19. which it repeals, the whole clause is recited
verbatim.
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Mechanical x Intellectual. Chapters, Sections, Paragraphs, Points, Figures, References all excluded with that caution, as if to be understood where the worst misfortune that could happen.
It may seem unaccountable difficult to account at first, how the Science which stands
most indeed of all others of these helps to perspicuity should be
the only one of all which is deprived continues destitute of their assistance.
The truth is, there was a time when there was were both a cause why
it could not, & a reason why it ought not to be to have been otherwise whose way it has ever been, to follow one another like Sheep unless diverted from the Track by some Interest or Passion.
That cause & that reason have long since ceased. they are not
altogether obvious; but by whomsoever they are perceived they
must be perceived to exist no longer.
There is a It is a common maxim in Philosophy, of more celebrity than use "de non apparentibus, & de non
existentibus eadem est ratio."
Lawyers have one to oppose, which is peculiar to themselves who
from the non appearance of any reason, [are always] ready at
once to infer a good one without more ado.
In vain would you offer urge reasons against it's continuance: in
vain would yo challenge them to produce any for it: in its behalf while no
no reason at all can be shewn in favour of the practice, inttrenched
behind that maxim they stand triumphant: for so
long as no reason can be shewn to have existed, you cannot shew
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that the reason of it has ceased. If you would destroy their fabric
you must first underprop it with a new support which that you
may afterwards cut it away. Their fabric is impregnable unless you find a new support for it of your own.
The cause is, that long after the formularies of Jurisprudence
were established, pointing was as yet unknown; it could not therefore practised
upon be adopted into the first instruments.
The reason is, that Printing was then also unknown; the copies
were written with a Pen; nor are the Points marks used for the purpose even of which this day in use
so contracted & or so well defined, but that the appearance of one
may be inserted where it was meant to insert another, of those indicating Pause & Division or not any or where
it was not meant to insert any — they are therefore easily introducible
& variable by Accident: so are they also by design.
see the sensible & enginious Essay on this subject by I. On both these accounts therefore in Manuscript they are unfit
to be adopted, with this view, that where there is controversy, they may serve as conclusive
evidences to decide between senses in competition; tho'
still, even here they are useful in this other view, of serving,
where there is perplexity only, Where there is prolixity to divide, as guides, to guide & where there is confusion,
to array. arrange.
COMPOSIT. Perspicuity. Mechanical helps to. Numbering [BR][ ][ ] of Divisions. Pointing. Statutes one with another.
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Identifier: | JB/070/085/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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085 |
composit. statutes one with another perspicuity - mechanical helps to - numbering of divisions - pointing |
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001 |
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copy/fair copy sheet |
1 |
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recto |
a1 |
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[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23200 |
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