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Truman's Reports were published for the first time in 1742.
The decisions which they contain begin with the year 1670.
Either these Reports contained points of Law which are not
in any others, or they do not: if not, they are an inoperative
incumbancy they should not have been suffered. If they
do, here is Law made in the last Centuary, buried as soon
as made, and 70 years afterwards taken out of its grave
like the Institutes of Justinian at Amalphi, and set upon
the Throne without proclamation or sound of Trumpet, to
reign over the People. I never heard but that a case
cited out of this book may pass muster as well as out of
another.
If I happen to lay hold of the Sweepings of some reverend
drudge's study who began to put black upon white in the
year 1570, & think fit to send them abroad, this for ought
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appears, may make it's way as well as any thing else. Thus
is is that [while] Judges sit gravely upon their benches -
while every one finds Law for them that pleases.
If the former which I have instanced & these which I have
supposed would want authenticity the Judges it may be said
would not be bound to give them regard: But to cases as
authenticated as those they do give it daily: God forbid they
should not, if they did not, there is nothing but the fleeting
and uncertain memory of certain persons to present their
judging as men do in Turky —
the best, the latest the best esteemed Reports are in no better
case.
Upon the decisions of the Judges depend the properties, the
lives, the liberties of mankind. men. Upon such prior decisions
as are brought to light, depend upon the decisions of the Judges
PROMULG. New Year - Books
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Upon you or me, or anyone, - upon chance depends the what decisions
shall be brought to light - Thus it is that every thing that
is dear to us, every thing for the sake of which law has
been established, is left to be the sport of fortune.
It is an observation of the Author of the Commentaries On the Study of the Law. 21. prefixed to the Analisis.
"as every subject is interested in the preservation of"
"the Laws, it is incumbent upon everyone to be acquainted"
"with those at least, with which he is immediately concerned"
"least he incur the censure as well as inconvenience of living"
in society without knowing the obligations which it"
It wil be time enough to talk of the censure if by the censure is meant reproach when "lays him under." those who make a watch over those Laws shall
have given [to] him the possibility of so doing.
Till then this political "incumbency" on them will be like
that thereligious other making themselves acceptable to God
which according to certain dogmatists cannot be done without
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especial Grace, which Grace to any except to one out of a hundred
it has not pleased him to bestow.
This "censure" is nothing, because censure to be such
when it is born by ever yone all like: but of inconvenience there is
enough which is not the less real for being universal.
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