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8 Jany 1807
Non-divulgation of the opinions of the Judges.
I state the mere external fact, my Lord, thus simply.
Consequences and motives, my Lord, when they come to light, my
Lord will give it a more serious complexion.
Behold this one more case in which Scottish justice may derive receive
comparative purity from the dregs corruption of English justice judicature.
It is among the objects and the arts of the technical system, to
keep the rule of action, the measure standard of obedience the guide of human life, in a stile of
involved in the thickest darkness possible. Where the legislator has spoken make known his will,
the subject know subjects know what he is to do, to be saved, how he may act and be safe, Judges judicature
is not altogether arbitrary. Wherever the legislator has slipt, the Judges have
Judge has where he mounted into his place. Judges on pretence
of declaring the law make it.
A capital object In this state of things society, the object has always been to multiply transgressions,
in order to multiply suits, punishments and fees. For
this purpose nothing could be more obviously effectual than to
keep secret for the will rule, for the breach of which men were
to be plagued and punished. In antient times, under the name the more
affluent and opulent and less well-informed among the people, as was natural, constituted had got themselves
themselves reocgnized as Judges over the rest. That oppression the oppressors might be
consistent with itself themselves, and not counteract its own purposes, a
system of procedure a set of Rules and Orders – a set of Acts of Sederunt including or composed of a set of formularies
had been framed and committed to writing, in the awkward manner
in which so rare an art was exercised in those days. The first care
of the framers conspirators being to make it known to one another, that they ought
in concert, the next care was to keep it from the people lest
the people by knowing it and obeying it should be safe continue in safety, and the
Judges
Identifier: | JB/091/154/001 "JB/" can not be assigned to a declared number type with value 91.
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