7 June 1805

Evidence

Introd. Jurisprudential

Ch. 2. Sources

''. 2. Dicta

'. Second source. Judicial dicta.

Judicial dicta was the sort of raw materials that come nearest to the nature of a law. As to particular decisions, except in the comparatively narrow case that will presently be mentioned the case in which they stand convicted with certain [...?] which by referring to them expressly or totally they certainly include, they afford of both or as matter applicable to this /the/ purpose in question, otherwise than in virtue of the dicta to which they happen to give birth.

These dicta supposing the words of those ascertained and registered, would as far as they want[?] want nothing but the authority attached to the person of the legislator to convert them into so many real laws or portions of real law.

For writing on publishing a printed paper, a man is prosecuted for example in the court of the King's Bench, the paper being to that purpose denominated a libel. On the trial, or on some other occasion in the course of prosecution, a dictum is any such /some such/ effect as the following is uttered by what is called the Court by the presiding Judge, and nothing said against it by any of the others - "The Court of King's Bench and the austos mores of the nation : every offence /act/ that is contrà bonos mores is punishable as such by this Court. Or very [...?] act that is an offence against good order is cognizable in this Court. Or the alledged libel being charged with being offensive to the Christian Kingdom //

Christianity is the law of the land: or Every discourse by which the feeling of an individual may in any way be hurt, (the same being committed to writing, and printed /made public/ or otherwise published) is a libel, and not the less so, for being true. The words in these several cases being ascertained it were easy by the addition of the requisite compliment of other words to compleat them into the form of a portion [?] of real law: such as is recognised by the official legislator, would constitute so many articles of Statute law.