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t us should so determine ours, according to occurrences and at sight, without obligation of example and consequence? For every foot its own shoe. King Ferdinand, sending colonies to the Indies, wisely provided that they should not carry along with them any students of jurisprudence, for fear lest suits should get footing in that new world, as being a science in its own nature, breeder of altercation and division; judging with Plato, "that lawyers and physicians are bad institutions of a country." Whence does it come to pass that our common language, so easy for all other uses, becomes obscure and unintelligible in wills and contracts? and that he who so clearly expresses himself in whatever else he speaks or writes, cannot find in these any way of declaring himself that does not fall into doubt and contradiction? if it be not that the princes of that art, applying themselves with a peculiar attention to cull out portentous words and to contrive artificial sentences, have so weighed every syllable, and so thoroughly sifted every sort of quirking connection that they are now confounded and entangled in the infinity of figures and minute divisions, and can no more fall within any rule or prescription, nor any certain intelligence: "Confusum est, quidquid usque in pulverem sectum est." ["Whatever is beaten into powder is undistinguishable (confused)." --Seneca, Ep., 89.] As you see children trying to bring a mass of quicksilver to a certain number of parts, the more they press and work it and endeavour to reduce it to their own will, the more they irritate the liberty of this generous metal; it evades their endeavour and sprinkles itself into so many separate bodies as frustrate all reckoning; so is it here, for in subdividing these subtilties we teach men to increase their doubts; they put us into a way of extending and diversifying difficulties, and lengthen and disperse them. In sowing and retailing questions they make the world fructify and increase in uncertainties and disputes, as the earth is made fertile by being crumbled and dug deep. "Difficultatem facit doctrina." ["Learning (Doctrine) begets difficulty." --Quintilian, Insat. Orat., x. 3.] We doubted of Ulpian, and are still now more perplexed with Bartolus and Baldus. We should efface the trace of this innumerable diversity of opinions; not adorn ourselves with it, and fill p
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