1805

Evidence

Introd. Jurisprud

Ch. III. Lawyer's Art

''. Forged [...?]

Among /At the head/ the causes which prevent jurisprudential law from being any thing better than a wretched succeedance[?] to /miserable makeshift for/ statutory law we have already had occasion to observe the circumstance of its origin - the incompetence of the authenticity /source/ from whence it issues. Under every constitution this incompetence is evidenced by the consideration that the individuals whose will real or imagined is thus invested with law /endowed with the effective force of law/ are so circumstanced, as not to be qualified either by power or by practice for considering the field of legislation in any of these points of view in which it is necessary and customary for the legitimate legislator to be continually /constantly/ contemplating it. Under the popular constitution of the British Island /Britain/ as already observed this incompetence is further enhanced, and that in a prodigious degree by the consideration /circumstance/ that, whereas in the framing of statutory law /determination of the general purport/ and character of statutory law, the body of the people have a very considerable and effective share, in the determination of the general purport and character of jurisprudential law, the body of the people have no share whatever, not more than in the most /purest/ absolute monarchy that is to be found.

What on this occasion has been the recourse of the man of law? I speak of Britain here /The present topic is confined to Britain,/ as the only country on which on the strict ground of the virtues[?] upon constitutional principles it is competent to a lawyer to place this /carry a/ circumstance of this sort to the account of advantage. What [...?] in speaking of British law has been his recource? To deny the existence of the sun at noon day while his eyes are smarting under its lustre: in the praise lavished upon his god /goddess/ /idol/, to speak of the popularity of his /its/ origin, as a /property/ /qualification/ not only belonging to him /it/ but possessed by /appertaining to/ law enjoyed in a supereminent degree.

One thing, and but one thing, was wanting to the audacity of the imposture: and that was to deny that the body of the people have any sort of share or influence in the production /fabricating/ of statutory law. In /Can/ the part they /parties they excuse[?]/ take in the composition of statutory law be in any other respect more notorious, than the fact of them having no part whatsoever in the framing of jurisprudential law?