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1805
Evidence
Introd. Jurisprud
Ch. III. Lawyer's Art
''. Forged [...?]
Among /At the head/ the causes which prevent jurisprudential law from being any thing better than a wretched succeedance[?] to /miserable makeshift for/ statutory law we have already had occasion to observe the circumstance of its origin - the incompetence of the authenticity /source/ from whence it issues. Under every constitution this incompetence is evidenced by the consideration that the individuals whose will real or imagined is thus invested with law /endowed with the effective force of law/ are so circumstanced, as not to be qualified either by power or by practice for considering the field of legislation in any of these points of view in which it is necessary and customary for the legitimate legislator to be continually /constantly/ contemplating it. Under the popular constitution of the British Island /Britain/ as already observed this incompetence is further enhanced, and that in a prodigious degree by the consideration /circumstance/ that, whereas in the framing of statutory law /determination of the general purport/ and character of statutory law, the body of the people have a very considerable and effective share, in the determination of the general purport and character of jurisprudential law, the body of the people have no share whatever, not more than in the most /purest/ absolute monarchy that is to be found.
What on this occasion has been the recourse of the man of law? I speak of Britain here /The present topic is confined to Britain,/ as the only country on which on the strict ground of the virtues[?] upon constitutional principles it is competent to a lawyer to place this /carry a/ circumstance of this sort to the account of advantage. What [...?] in speaking of British law has been his recource? To deny the existence of the sun at noon day while his eyes are smarting under its lustre: in the praise lavished upon his god /goddess/ /idol/, to speak of the popularity of his /its/ origin, as a /property/ /qualification/ not only belonging to him /it/ but possessed by /appertaining to/ law enjoyed in a supereminent degree.
One thing, and but one thing, was wanting to the audacity of the imposture: and that was to deny that the body of the people have any sort of share or influence in the production /fabricating/ of statutory law. In /Can/ the part they /parties they excuse[?]/ take in the composition of statutory law be in any other respect more notorious, than the fact of them having no part whatsoever in the framing of jurisprudential law?
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Title: [9 Aug 1804 Procedure non-homologation]Description: 9 Aug 1804 Procedure non-homologation eulogized by Lawyers In what part of that matter /the work/ from whence jurisprudential law is distilled had the people any part of the people besides the Judges the King, Judges at any time owning the smallest share. What judge was ever named /placed, what Judge was ever displaced/ by the people or any part of the people - what Judge was ever placed or displaced by any body but the King? To what decision /rule/ of jurisprudential law did the people or any part of the people ever give any previous consent, or any subsequent consent, any otherwise than what is given to it in Morocco, viz: by not resisting it. Looking to /As far as depends upon/ the source what is the real characteristic of jurisprudential law in contradistinction to statutory? That in the framing of statutory law the body of the people have to a very considerable share - as great a share (as far as I can see) as would be of any use of them - in the framing of jurisprudential law (for the part taken by Juries is not preserved /work of Juries [...?] as fact as produced/ and contributes nothing to the matter of this species of jurisprudential law) in the framing of jurisprudential law the people have not any the smallest share. By what instance /On what pretence/ /contrivance/ is an assertion on the bulk of universal experience endeavoured to be supported? By setting people to look at times /turn their eyes to /toward/ the darkest of antient time/ of which we know nothing. In all traces of which we know any thing to signify what has been done in the way of jurisprudential law has been done solely by the Judges no part of it by the people: but there are times viz: the Saxon of which we know next to nothing: in so far as we know not what was done in those times, it can not be proved that what was done in those times was done by the Judges: therefore without proof or the shadow of proof, and against all probability not to say possibility we are to say it was done by the people.
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Title: [20 July 1805 Evidence Introd]Description: 20 July 1805 Evidence Introd. Jurisprud. Ch. II. Vices ''. I. Uncertainty Jurisprudential law being so much better than statutory, and this being the way in which it is made, and this after the prosperity of the superior kind of law ever revered and ever learned person knowing nothing so much at least, as that the inferior kind of law should be made in the best manner of which it miserable inferiority is susceptible, here follows proposal for the improvement of it, [strictly and [...?] grounded upon the practice of the Bench as above described]. Instead of the present statutory mode of printing and publishing Statutes in the words in which they are introduced into one of the Houses in the form of Bills subject to any subsequent amendments, when a Bill is brought in to the House, let one of the Clerks be set to read it. As he reads, let notes be taken of it, by s many as will to the exclusion only of short hand writers, care being taken to allow the best seats to those who write the slowest. The notes being published or not published, the aggregate mass composed of all these published and unpublished together, would compose pro tanto the proposed improved edition of the body of statutory law. The more discordant and the more numerous the several books of Reports thus taken, the better! because the more discordant and more numerous, the nearer would be their approach to the standard of perfection, and model for imitation, the sacred sacrosanct body of jurisprudential law. Note The learned Reporter abovementioned, if not disqualified by his ability, would have been particularly well qualified in this respect viz: respect of this "neither writing shorthand nor very quickly."
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Title: [Evidence 6 June 1805 Introd]Description: Evidence 6 June 1805 Introd [...?] Ch. [...? ...?] Jurisprudential Law is that sort of imaginary law in which the supposed purport and effect is every where the tenor no where. By tenor, in the language in use with lawyers themselves mean a determinate assemblage of words; by the tenor of an agreement, the words of /to/ /by/ which agreement is composed that /the intuition of the parties have been [...?] /expressed/. No statute but what has in tenor; accordingly what it is that goes to make ones Statute or one Chapter Section or other division of Statute is never a matter of doubt. No portion of Jurisprudential Law that has a tenor; if the infinite mass of writing of /in/ which the materials /import/ for jurisprudential, is to be [...?] for, there exists not a book or page or a line or a portion of any one of either of which it can ever be said in these words that contained on[?] a jurisprudential law - or an article of jurisprudential law. Jurisprudential law being a sort of fictitious, spurious law, put off upon mankind for genuine, to convey a full and accurate conception of its nature, the only effective course that can be taken will be, after noting /are[?] by in[?] all characteristic/ its properties, to compare them with the correspondent properties of genuine law.
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