date

7 Jan y 1807[?] Omissa Opinions
7 Jan y 1807[?]

Omissa

Opinions undivulged

On this occasion /In this place/ give me leave to mention another reason, my Lord, for breaking down this prodigious /unwieldy/ mass of their whole Lordships, into integral parts small which so big as they are integrant, no one of their Lordships being less than a whole /Your Lordship not [...?] //applying// on this occasion the judgment of Soloman/, can not be too small. Dicta of 15 Judges? what better than a Debit[?] can the compound be expected to make.

Compare the dicta of their 15 [...?], with the dicta of the one L d Harwicke,

Even in the King's Bench where the one is multiplied[?] by no more than four, when L d Mansfield's argument has been read, would not the[?] I am of the same opinion, be in general a very advantageous substitute for all the others /the more[?] [...?] /[...?]/ ones/?

Both bring for the [...?], Lord A. grounds his suffrage on one reason, Judge B. on another: which is it that makes the law?

Under the circumstances, bends[?] over and respectability[?], and thence probability of intelligence as well as probity, if more instruction /instructiveness/ were considered, and the capacity of suffrages for giving certainty to the law which it remains for suitors through their lawyers to extract from them, is not the value inversely as /shall in the inverse value/ the member?
Similar Items
  • Title: [7 Jan y 1807 Omissa Opinions]
    Description: 7 Jan y 1807

    Omissa

    Opinions undivulged

    At this moment, Your Lordship may perhaps feel more or less curiosity /it may perhaps have presented itself to Your Lordship as a matter of curiosity/, I must confess I did, to know /learn/ the cause of this deficiency: for every thing we see, if we /one/ did but know it has its sufficient. Cooks so many indeed, but so skilful, broth so bad, what spoilt it? did not they know how to make better.

    M r. Bill, at this moment I do not know whether the gentlemen to whom we are so much indebted for his lecture on jurisprudential formularies[?] or some other of the same name, got a [...?] into the kitchen at his cost.

    Noting the deficiency, to look upon him to supply it. No monopoly proclaimed, no prohibition promulgated, he too published a history of decisions: and in his history were to be found the words not only of those whose words make argument, but of those whose words make law. M r. Bill convinced; convinced [...?...?], whosoever [...?] were. M r. Bill, whether it were the same gentleman to whom it had fallen already or fell afterwards to give lectures, then received one. Decisions if you please; arguments of Advocates, if you please: but as to reasonings and dicta of their Lordships, these are all secrets: if you go on publishing, we begin suspending. Look to the [...?] published by authority: there is your moral: copy that and welcome.

    M r. Bill's object being to supply deficiencies /fill up blanks/, and not to copy them, there of course his publication ended.
  • Title: [7 Jan y 1807 Omissa? Opinions]
    Description: 7 Jan y 1807

    Omissa?

    Opinions undivulged?

    Codification?

    No, my Lord, you who care, as far as any one man can, and farther - I call upon you in the name of the whole people of Scotland - their hearts I hope will not their heads I am sure will /can/ discover are - I call upon you - Give us our duties: give us our Rules that we may have them: give us our laws that we may obey them. The will is ours already: give us what alone[?] we ask , if the Minister of the Commons - of the Lords of the Sovereign - if any man - the possibility of [...?]. Rights we ask for more, against law: rights we see now, but through the medium of our duties: give us our duties, and then and not till then we shall know and have our rights.
  • Title: [7 Jan y 1807 Omissa Opinions]
    Description: 7 Jan y 1807

    Omissa

    Opinions undivulged

    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.

    When the authoritative publication of these Scottish Year Books saw /came to see/ the, an observation was made /the fact came out/, that if the best /leats bad/ materials of sham how[?] there was nothing to be found. a folio of reasonable truth, and the contents of it /but filled/ from beginning to end, composed of nothing but of that second least bad sort, I have already been describing to Your Lordship, so compleatly unfit for use. Judges, had the original form[?] borne any resemblance to the picture here given of them, Judges, all[?] stock[?]-fish: among the Advocates /at the Bar/ no want of words, but as to the words adopted in time[?] or in effect by their whole Lordships, all or any of them thus, as if it had been a point of no importance, was given up abandoned to conjecture.