5 Aug 1804

Evidence

Ch. non-homologation

''.2.1. Words indeterminable

In scrutinising into the nature and characteristic properties of jurisprudential law, let us for propriety sake, set aside the circumstances of complication indicated by the terms engrafted law and law of foreign growth as above explained, confining our consideration /view/ in the first instance to that part which is self-rooted and of hence[?] nature growth and self-rooted. The main mass being seen through and understood, the accidential additaments and varieties will afford /cause/ /give/ little trouble.

In like manner in the examination speaking of that which is native and self rooted, let us confine ourselves /our view/ in the first instance to the case in which it has the report or reports of particular assignable decisions for its source; postponing for the present the case in which it takes for its ground either the uncontested practice of this or that [...?] Court, or a passage or number of passages in this or that treatise or number of treatises. Thus accordingly will be found by far the purist, the clearest, the highest of all three.