★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
9 RC
In most lamentable wise complainith Sr Harbottle Grimstone
Knight Editor of Croke's Reports & on the accession
of King. Ch: 2. Master of the Rolls a practice commenced
in his time, in contempt violation of a legal formality; which formality
according to his notion was one of the essentials of the Law
itself " a practice says he " whereby the majesty of the
"Law is prophaned, the authority of Reports lessen'd and
"the matters in their Books render'd less useful to the
"Students " - Not to keep the readers in suspense concerning
the object of this tragical Anticlimax it is in plain English
neither more nor less than the printing of Law Books like
---page break---
The printing of the Law Reports in their proper Letter and Native Language. What he means by their native language it is not easy to say. If it be French, the Reports of which he complains as well as that very publication of his own which he is prefacing are printed in English.
other Books: the changing of that terrific Letter Type which oversforced
the whole page in the form, as it were, of one uninterrupted
Blotch, into that upon the Roman Model, from in which the
Eye receives all sorts of assistances towards the distinguishing the several mechanical
of Words, Lines and Paragraphs several portions into which a page is mechanically divided.
At the time in which he wrote [+] [+] The acts of the Legislation today the best defined most & most conspicuous authoritative unquestionable portions of the Law, were composed in English., Instruments if used in the course of procedure
as Writs, Orders Warrants and the Records or formal Histories of the several Suits were in Latin.
Extrajudicial Uncontentious amicable transactions as Conveyances were in
English - the arguments of Council upon all those topics as
well as the infinite variety of others which the Law affords
were in English; minutes of those arguments were taken
PROMULGATION. Grimstone
---page break---
down by auditors for publication or for their own use in
a mongrel jargon which was called French to which was given the name of & of these 3 -
[languages] Latin, French and English which then did
he understand by the native language of the Law?
The Arguments on their verdicts are perpetually founded
which is seldom justified by the fact
on the supposition of their knowing how the Law stands [+]
a supposition must frequently be which is seldom verified They have the Judge
indeed to answer their questions, but it requires a certain degree of
knowledge even to form doubts: sheer ignorance asks no questions
the Judge may happen to think it necessary to give them
Information or he may not.
---page break---
[+]For example Lord Mansfield /in 3 Burrow 1264/ Six were indicted: 2 of them are acquitted; 2 are dead, untried. The Jury have found these [those] 2 to be guilty of a Riot: consequently it must have been together with those 2 who have never been tried, as it could not otherwise be a Riot.
|
Identifier: | JB/079/067/001 "JB/" can not be assigned to a declared number type with value 79.
|
|||
|---|---|---|---|
|
079 |
|||
|
067 |
promulgation grimstone |
||
|
001 |
|||
|
copy/fair copy sheet |
1 |
||
|
recto |
[[page_numbering::a5[?]]] |
||
|
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
|||
|
25509 |
|||