3 July 1805

Evidence

Introd. Jurisprudential

Ch. Sources

''. 3. 1. Decisions

Here it appears, that even were the collection of these decisions, [...?] the statements of the several cases by which they were reputedly called forth, ever so compleat, a case to ever get as much as feigned but for the purpose of the present argument, state unless some person or other whose talents fitted him for the task came by adequate inducements came to have been engaged to build certain general propositions of a general nature upon the foundation thus laid, were the labour bestowed upon the foundation thus laid, ample as it can not but be seen to be, would be but labour thrown away.

Accordingly in the histories given of these decisions general propositions of the nature thus described, are never altogether wanting: and thus, changing the metaphor leads /brings/ us to the consideration of the second of the distinguishable sources from whence the [?] represented by the terms jurisprudential or common law, are left to be extracted: viz Dicta: judicial dicta, propositions of a general nature delivered by the Judges, on the occasion of the several decisions regularly pronounced by them in individual suits or causes.