maginary
triumph every term these ten years; have travelled forward with
victory ever in my view, but ever out of reach; however, at present I
fancy we have hampered our antagonist in such a manner, that without
some unforeseen demur, we shall this day lay him fairly on his back."
"If things be so situated," said I, "I do not care if I attend you to
the courts, and partake in the pleasure of your success. But prithee,"
continued I, as we set forward, "what reasons have you to think an
affair at last concluded, which has given so many former
disappointments?"--"My lawyer tells me," returned he, "that I have
Salkeld and Ventris strong in my favour, and that there are no less
than fifteen cases in point."--"I understand," said I, "those are two
of your judges who have already declared their opinions."--"Pardon
me," replied my friend, "Salkeld and Ventris are lawyers who some
hundred years ago gave their opinions on cases similar to mine; these
opinions which make for me my lawyer is to cite, and those opinions
which look another way are cited by the lawyer employed by my
antagonist; as I observed, I have Salkeld and Ventris for me, he has
Coke and Hale for him, and he that has most opinions is most likely to
carry his cause."--"But where is the necessity," cried I, "of
prolonging a suit by citing the opinions and reports of others, since
the same good sense which determined lawyers in former ages may serve
to guide your judges at this day? They at that time gave their
opinions only from the light of reason; your judges have the same
light at present to direct them, let me even add a greater, as in
former ages there were many prejudices from which the present is
happily free. If arguing from authorities be exploded from every other
branch of learning, why should it be particularly adhered to in this?
I plainly foresee how such a method of investigation must embarrass
every suit, and even perplex the student; ceremonies will be
multiplied, formalities must increase, and more time will thus be
spent in learning the arts of litigation than in the discovery of
right."
"I see," cries my friend, "that you are for a speedy administration of
justice; but all the world will grant that the more time that is taken
up in considering any subject the better it will be understood.
Besides, it is the boast of an Englishman, that his property is
secure, and all the world will grant that a deliberate administration
of justice is the bes
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