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.