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1)
The wisdom of Parliament, is one of those topics, from which
men of a certain turn of mind are fond of fetching reasons for
doing nothing.
The Truth is, that wisdom during all this time has never
exercised itself about the matter. The plan in use (if it be
to be called a plan) has been followed one day, because it
had been used a former: having been stumbled upon by
accident it has been continued through inattention.
If there had ever been that day when the Legislature having
many plans to choose out of after mature deliberation
had from amongst many others distinguished this as the object
of it's choice without a plan such a choice would have
indeed created a strong & reasonable prejudice in it's favour.
The Structure of a composition orderly exemplified in Specimen after Specimen may for itself in the most dull or volatile apprehension: - no wonder no general Idiaof the Structure of an Act of Parliament shod be recognised, when in no two Statutes the structure is the same.
To invent a plan that shall bear the test of examination is
certainly not of all tasks the easiest, but neither on the other
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hand does it appear likely once to be a work of much time
or labout, when once invented, to be initiated in it, of to
comprehend it's texture where to understand it as exhibited
in any all the rest in a single specimen will be to understand it as exhibited,
Those who do not comprehend it, & recognise it's use, will be
cautious how they break in upon it by incongruous and
ill-digested interpolations: nor does the inference seem -
either probable or candid any more than, that men will contribute with
unconcern to spoil a plan that shall have been concluded adapted after
with upon due care and deliberation, from their being at present
ready to start up it must be confessed sometimes with lavity
enough with additions & alterations, where there is apparently
no plan to spoil.
CONITOS. Consolid. Objections 1st Wisdom of Parz. 2.7. No BR Plan will be adherd to. 3. Preserve the Words.
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Some there are who seem to make a point of preserving the words of the
old Laws retained in the Digest: so that all they propose in a
Digest is to bring together such clauses the substance of which
is though fit to be retained, from the several Statutes through
which they be dispersed: and to comprehend them in the same
Instrument: which this would leave the stile and mode of phraseology
just what it is at present.
When the question is only between 2 samples patternsof confusion variously
modified, that which men are most used to, is on that
account the best: but be , of ever so high antiquity, light
will ever be preferable to darkness, & order to confusion.
An Article in a Stature A Paragraph in the Statute Book (those excepted which more especially
relate regard concern to the course of proceeding in the Courts) might be as intelligible
and as universally intelligible as an article in a com
nor would the inconveniencies of a succession be
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felt much more sensibly in the one case than in the other.
That a slight advantage gained in point of perspicacity is sufficient
to counterballance the disadvantages of a change, is
sufficiently apparent from the eagerness which men shew in
resorting to any thing which bears the name of an abridgment
restricted as abridgments are by this obligation to fidelity.
It will readily occur that the truce of this objection is very confused it applying only to a certain small number as A's memory is furnished by his own reading and not by that of B. But the objection supposing it ever so well founded applies only
to those whose time & practise have familiarised to ancient Law.
To the rising generation who come strangers to the study a Law
is no more intelligible nor familiar by being a thousand years
old than if it were but of Yesterday.
If it holds good now it will hold good for ever. The question then will be between [ the accommodation of] the
present generation of veterans for the time being, who are always in a certain limited number number, and the rising generation of
tyro's of whom the number is indefinite.
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