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Notriety RC
N.Y.B. Non Law unpublished a Tyrant.
The Law published is a Sovereign who stands forth
and shows himself the people: The Law unpublish'd
is a Tyrant, who wraps himself up in darkness, and
calls on them to observe his motions:& hardfares it
with him who cannot see.
By the publication of them all, if they filled 500 Volumes,
not one single case would be added to the number
which men are concerned to know.
(2) N.Y.B.NLa Sch.2 Ingenuity of Judges lost labour.
[Only just so much of the Law can have any effect use or advantage as
spreads itself among the people - the knowledge of which was the result of the comparison - the most ingenious distinctions
confined within the narrow article circle whose are but a
vain play of words.]
It is like the address of the Indian in shooting darting genius of
Millat through a needle's Eye, because if it be impossible that
the party's local legal advisor, if there be time for advice or the party
himself if these be art not should give his mind the same
disposition possessing the maps of authentics which produced
it, satisfaction it may give in the case in question, it
can give light to any future similar one.
(3) N.Y.B. Objts. Monopoly
Each Collector of cases may be looked upon as interested in
a monopoly many monopolies Lion boughs , the benefit of which to himself is uncertain,
the prejudice to the subject most certain, monopoly's of the light
of the Law, which ought to be as free and as public universal as the
Light of Heaven.
+ Vol 3. p. 326 It is mentioned [by the author of the Commentaries + ] as one
of the reasons why discussions sometimes (tho' rarily) " interfere
that " Judges may not be approved of the prior adjudication
It cannot be denied, & his great rival confessed that the
Science is under infiite obligations to Dr Edwd Coke for his
labours in this behalf: perhaps that obligation had not
much lessen'd if he had there confined them [Theses]
---page break---
(4) N.Y.B.NLiscg. 1. Clausa reclusa
Nothing is less rare uncommon than to see 2 or 3 out of 4 Judges upon
the arguing of a point produce or rest each to some case,
calculated to influence the decision, yet new to all the council,
& even to each other. It were a vain thing to produce
authorities for what is in every days experience - One can
scarce read 20 pages together in Burrows Reports (to
instance the Book most abundant in these and so many
other constructive particularities) without meeting with
an instance.
(5) N.Y.B. Plan. Puisne J. to report.
The situation of the puisne Judge seems in preference to
any other to be adapted to this Office 1st On Account of his
age, in which aspect he of all the others is least likely to
be disqualified unequal to to the burthern of the Task.
2nd On account of the order in which he speaks, which to
a great degree dispenses him from delivering the grounds of
his opinion: except in those rare and extraordinary cases
where he may fortune to differ from his Colleagues.
(6)
DIG.Substituendum non addenum
There is an explanation & amendment that may be made
to the Titles of all these explaining and amending Statutes.
The Title should be, instead of an Act to explain & amend,
An Act to confound and render unintilligible.
When a resolution shall have been passed never to explain
& perhaps not seldom, instead of "now" it should be "less" intelligible. and amend any more nor to receive any Bill, which pofresses
do to by any Statute one grand Title if improvement
will have been opened, it will be consumated, when the Collection
shall have been purged of these which have done
so already.
Many Acts, as the Mutiny Act, Land-tax Act, Indemnity
Act are repeated anually toldem verbis.
This as an answer to the objection "that it would
be too much to re enact for the whole every little alteration
and then there is a new Act, and a new expense.
LVII
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