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1)
With respect to all Decisions it may be said either they will not
influence subsequent ones and then it is useless to suffer them
to be cited alledged: or they will, & then it they should be known as soon
as made part.
There is no medium: either a man must say that they have
no such influence, which is notoriously untrue: or he must acknowledge
it impossible to justify the superiorness of our Legislation
in exacting obedience to Laws, which neither are nor can be known.
Here then may we draw the line Whatever is permitted to be alledged by any one, should be published
for the use of all - Whatever is not permitted to be alledged
may lie also [on] quiet, without being made public & vice versa.
They say not indeed in direct terms that Jus shall be ragum
but they say in direct terms that it shall be incognitum &
punishment is for him who would make it otherwise.
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True genius, where working even upon the details shall strike
out a light which to an attentive eye shall appear to pervade
and illustrate the a whole Science. Of this sort is a question
said to have been put by a great Magistrate to a Pleader2 letter on Libels . 11?
The authenticity of it I must leave to stand upon the credit
of the relator: I find no difficulty in believing it because
honourable as it is to the great man to whom it is told, it is told
by a writer who little scrupulous about doing him common
justice meant nothing less than to do him honour.
To illustrate these observations, (for they can hardly stand
in need of proof) one example, not selected out of a number
but the first that stroke me as proper for the purpose, may
stand instead of the multitude, which knows to the knowledge
of all who are conversant in the more modern of the Reports
any one Volume of those scatter'd memorials might easily supply.
"g" PROMULGAT. New Year Books.
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De Grey There is a certain Magistrate of the first Dignity Rank of the Law who
is said to have assiduously transmitted the decisions of the
Court in which he practised till raised to the high office which
he now enjoys, beginning commencing from his first entrance in to the Profession.
He surely will not refuse to consecrate these fruits
of his industry to the Public - He will not let suffer the Wisdom
of those great men whose footsteps he has observed to perish
or to be pocketed by unskilful hands - So may he meet with
Disciples worthy to record his own.
Beginning We have hitherto treated of the methods whereby full profession
of the Laws, as far as every man is concerned to
possess it, may be made easy: this supposes it to be already
possible; a supposition which as yet unhappily is not true.
When first coming into young in business (& that must at one time be
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the case of all) after rummaging with unwearied assiduity in
bulky Volumes: he can never be certain how young soever the Judges
after the viginti anni locubrationes that there is not something
in one some of ten other bulky Volumes that overturns what was established
in the first.
Among those vicious & discrepant collections of precedants which
of all of them shall he follow? or can will he be safe in following
Instance to be given any? since the last of them has then not something more secure
or more effectual been devised, treasured up by the inventor & communicated
only to a favoured few?
These are a few of the doubts which by their irritation torment
a young practitioners anxious to do his duty to his client &
to himself to which in time he becomes to a certain degree
callous, familiarised with uncertainty Observing it to be a common case & miscarriage, having
learned to confound error with want of merits but which
fail not to ..... a mind of sensibility: doubts of which he may expect from reformation
and from nothing else, the Case.
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Identifier: | JB/079/075/001 "JB/" can not be assigned to a declared number type with value 79.
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promulgat. new year books |
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