21 Aug 1804

Procedure

Note Coke

Ch. Non-homologation

One of Lord Cokes maxims is that whatsoever is against the rule of law is inconvenient (see Litt ''. 722) This being admitted the argumentation ab [...?] can never be wanting to any rule of law can never on any occasion be wanting to any /the/ Judge. He lays down the rule - whatever rule he pleases: should any decision be pronounced or proposed that would go counter to this rule, his rule being a rule of law, the decision in question, being in [...?] /opposition/ to that rule is thereby proved to be inconvenient. Let him /a Judge/ lay down what rule he pleases - let him pronounce what decision he pleases - it can not be otherwise than a good one. This much must be acknowledged - that a maxim more convenient than this for Judges, can not be so much wished for by any Judge.