date

7 Jan y 1808 Omissa Opinions
7 Jan y 1808

Omissa

Opinions undivulged

These are the materials the very best materials of which it is possible for jurisprudential law to be composed: These are the materials of which in England that species of law, shewn[?] and spurious as it is, is actually composed. Were they better than they are, dear enough in England we pay for it. Paying still dearer so much dearer for it even than we, our brethren in Scotland, have not they too a just /right/ claim to have it of the /these best materials? If they have, my Lord, it is one of those rights so numerous in both countries, for which care is /has been/ taken that there shall be no remedy.

Supposing /Let us Suppose //say/ that in England what has sometimes been aimed at had succeeded, viz. that those least bad of the bad materials of jurisprudential law had been kept in darkness so affectively as the rule of action was among the original /primeaval/ Judges of antient Rome: the dicta of Judges forbidden to be divulged:- be not too hasty, my Lord: reject not the supposition as extravagant: what is actual is possible.

The next best I should say had bad materials, materials at any rate very bad in comparison of those /these/ would be the arguments of Advocates: [...?] lawyers each of them, speaking /pouring out/ collateral regard to truth [...?] be[?] /to/ his conception bad [...?] for answering his purpose: heap of [...?] the substance of it capable of being condensed /composed/ into half a dozen or a dozen propositions - general propositions such as /each of which/ coming from the mouth of a Judge, would be capable of passing for a dictum, and being made productive of the same effect.
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    Of the collection these dicta that part of the chaos which is in the form of Common Law that is if[?] what in one of the 5 or 6 senses in which /given to/ the [...?] Common Law, is employed, is composed /whatever in a word is not in the form of Statute Law/: at least these are the best surest and most trustworthy of the materials of which it can be composed: such as come nearest to the nature of the materials of real law: the very words of the legislator, authenticated by his signature, or by the publiclly applied touch of his sceptre.

    Blackstone may prate and dream or make as if he dreamt about Dainlague and West-Saxon-lague, and other lagues: he may tell us, as he has told us /continues/ with uncontradicted effrontery he continues to tell us that the Common Law thus framed is the work of the people. But the customary impression[?] put aside, the plain fact, standing before /stampt[?] in the retina of/ every eye that is not cloud[?] against it is that the Common Law - every article of it that can either serve a Judge for framing his will, or - I will not say a suitor who had better not guess but his lawyer for guessing at it is the work of the Judges, and of no one else. law made on each occasion by the Judges /Judge/, on it made according to pattern indeed, if rightly made, but at any rate made, in posture[?] of declaring it.
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    Sanction given and propriety given, by authority to the labours of an individual, has not unfrequently furnished a pretence for /given occasion though impropriety to/ a prohibition put upon the rival labour of individuals at large. Here no such abuse took place.

    Thus far every thing was well. Here were the antient English Year-books. Here were the more [...?] Year Books projected, but if carried into execution, never to any useful purpose, on the feeble reign of James the first.

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    Description: 7 Jan y 1807

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    Judges have neither fees to receive nor power to exercise /abuse/. [...?] of the people state this repository of state [...?] /substitute for law/, or at least a part of it, and divulged it. The moment it was known it would to answer the purpose of those who had made it. they made[?] another in its stead[?].

    Find out with despotism, the people became clamorous for laws. The cry then was not, as with us give us our rights - but give us our duties. Render it possible for us to know them, render obedience possible to us. A demand so seditious in its principle, was [...?] of course as long as possible: but at last, instances[?] being in vain, laws, such as they were, such as the light of the time /age/ could produce was made.