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NOTORIETY. Non-Publication. N.Y. Books. 3
Obj. Exercise useful Ans.
many who now through indolence dispense themselves
from it, would take up much to the advantage of their
health, if there were no other conveyance to Berwick
or the Land's end — but did any body ever think
of this as a finishing argument against the usefulness
of Horses & Post chaises? Some have no legs; others
for a long time would not know how to use them; many
making the best use of them possible, could not convey
themselves by the help of them within the necessary
time. that occasion might require Many are unable to get in. Some many who get in, can't hear: many who can hear, can't get room to write: many who can write know not what to write. So likewise to many Students, by far the greater
number, it would be impossible to get in: gain admission to none
would is it possible for a considerable time to take such
minutes amount as they themselves can venture afterwards, to
depend on: & some perhaps, not in- capable enough of understanding
use of making good use of one, where taken,
can never bring themselves to take any at all.
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4
Contrariety of those Subsisting.
If the non-existence of these memorials is a great
mischief grievance in many cases, the abundance of them is
no less an one in some. Of that multitude of undue
indignities unauthoritative abortive productions publications that have dropt into
the world under the present fortuitous dispensations oeconomy
some till the case otherwise than it was, some till it
but half out, in many <add>some</add> the relation is at variance
with itself, in many with the relation of that of neither.
It would be trifling to heap up accumulate examples to prove
a fact which every one acknowledges & Comments: a
single allusion will cast all the light to the state of the doctrine of Paupers upon this matter
than can be desired. To take the doctrine of Paupers'
Settlements as spoken of by Dr Burn in <add>one of the prefaces [+] to his Justice [+] Pref. to 11th Edition transcribed into the subsequent ones. for example. [+] [+] Upon the publication of Sr J. Burrow's collection[+] At the end of six
& thirty years it was discovered, that "the great uncertainty
of the Law" (to use the words [as well as] the
testimony of that experienced a distinguished writer,) on that subject topic
or did arise from the imperfect Reports of those cases
which had been published, and not from any uncertainty
or contrariety in the determinations themselves.
some advantage devisable not from its intrinsic excellence, but from its extrinsic authenticity Interest <unclear> <foreign>ut est finis likeness</unclear></foreign> no one ever thought of urging it as an objective against the passing of any Law or judicial resolution, that no one can demonstrate it prove it by itself to be the last of all others on the subject that would have been under
To withold refuse from the profession the benefits of an
authentic publication
is to withold [from them the Traveller] the light of the Land, that
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wander, sometimes under the delusion of a thousand
Ignis Fatui, at other times sometimes in utter darkness.
In order to
if the a party is able to bear the expence, or deems it
worth his while, recourse will be had sometimes to the
Record — Hence there is arises one Law, for the Rich, another
for the Poor. one law if the matter be of a certain
value, another if it be of a little more. one
Law in short fine if a man be to a certain degree anxious
about his cause, another Law if he be a little
more so — Meanwhile it is known that there is
scarce one question in 3 of those which come before
a Court for the decision of which any light can be
drawn from the Records a Record.
where these sources can afford the light desired.
Hence it is that before the state of a case drawn into for
authority into argument led into of the character of the reporters can be agreed upon, it becomes necessary
to sit in judgment on upon the character of the reporters one knows not how many
Let any one a man judge from hence, what would be the case if the comparisons were
if the Law were deprived as it might be, <add> without</add> even these confused imperfect &
many discordant standards, & every one were to reach for authority
his own or neighbour's note.
Promulg.
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Suppose Acts of Parlt. so published
What should we think, if the custom usage were (after passing
in Parliament what is called a new Law, but what
is not more so than many of these) if I say the
usage were instead of painting it, for the to raise
it again 2 Houses to
be open to these whose curiosity might lead to hear
these arguments debates, & when framed concluded on, for the Clerk to read
it once, that for as many of those who happen'd to be within hearing
to take put down here & there a word or to <add> cavil </add> mandates of it as pleased? and this were
to be thought called<add>the method of</add> a publication?
Had it not been for Sr Edw. Coke's Reports, (said Ld
Bacon [+] [+] in a letter to his King (for the improvement the candid Bacon of the Law was then the care of Kings) of those works of his bitter enemy & unworthy rival, the
Law would have been as a vessel without Ballast.
The importance which that great man's candor or his
policy ascribed to these works of his bitter enemy, conferred
to them alone?
Is the force of past decisions upon future less now
than it was then? Is publication less necessary to
perusal, or perusal to observance?
Blackstone: 3 Comm. 327.
"It is essential to the liberties of a free people, that"
"These determinations be published and adhered to."
Doctrines may sometimes interfere with each other
1. "because succeeding judges may not be apprized of
the prior adjudication.
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