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11 If it's near dinner time, the foreman takes out his watch when the jury have retired and says: “Dear me, gentlemen, ten minutes to five, I declare! I dine at five, gentlemen.” “So do I,” says everybody else except two men who ought to have dined at three, and seem more than half - to stand out in consequence. The foreman smiles, and puts up his watch: “Well, gentlemen, what do we say? Plaintiff, defendant, gentlemen? I rather think so far as I am concerned, gentlemen—I say I rather think— but don't let that influence you-I rather think the plaintiff's the man.” Upon this two or three other men are sure to say they think so too— as of course they do; and then they get on very unanimously and comfortably. DICKENs—Pickwick Papers. Vol. II. Ch. VI.
1 The clatter of arms drowns the voice of the Ad quaestionem juris respondeant judices ad law. quaestionem factirespondeant juratores. MonTAIGNE–Essays. III. I. Let the judges answer to the question of (See also CAESAR)
law, and the jurors to the matter of the fact. Law Mazim. 2 We must never assume that which is incapable of proof. G. H. LEwes—The Physiology of Common Life. Ch. XIII. 3 Hominem improbum non accusari tutius est quam absolvi. It is safer that a bad man should not be accused, than that he should be acquitted. Livy—Annales. XXXIV. 4.
La charte sera désormais une vérité.
5 And folks are beginning to think it looks odd, To choke a poor scamp for the glory of God.
LowLLL–A Fable for Critics. L. 492.
6 Perchè, cosi come i buoni costumi, per mantenersi, hanno bisogno delli leggi; cosile leggiper ossevarsi, hanno bisogno de' buoni costumi. For as laws are necessary that good manners may be preserved, so there is need of good manners that laws may be maintained. MACHIAveLLI—Dei Discorsi. I. 18.
7 The law is a sort of hocus-pocus science, that smiles in yeer face while it picks yeer pocket: and the glorious uncertainty of it is of mair use to the professors than the justice of it. MACKLIN—Love à la Mode. Act II. Sc. 1.
8 Nisi per legale judicium parum suorum. Unless by the lawful judgment of their
peers. Magma Charta. Privilege of Barons of Parliament.
9 Certis "" * legibus omnia parent.
All things obey fixed laws.
MANILIUs—Astronomica. I. 479.
10 The law speaks too softly to be heard amidst the din of arms. CAIUS MARIUs. When complaint was made of his granting the freedom of Rome to a thousand Camerians. In PLUTARCH's Life of Caius Marius. (See also CAESAR)
11 Render therefore unto Caesar the things which are Caesar's. Matthew. XXII. 21. 12 As the case stands. MiddleTON.—Old Law. Act II. Sc. 1. 13 Litigious terms, fat contentions, and flowing ees. MILTON.—Prose Works. Vol. I. Of Education.
14 Le bruit des armes l'empeschoit d'entendre la voix des lois.
There is no man so good, who, were he to submit all his thoughts and actions to the laws would not deserve hanging ten times in his life.
MonTAIGNE–Essays. Of Vanity. 16 Neque enim lex estasquior ulla,
Quam necis artifices arte perire sua. Nor is there any law more just, than that he . has plotted death shall perish by his own plot. OvID—Ars Amatoria. I. 665. 17 (See also BYRON)
Sunt superis sua jura.
18 Where law ends, there tyranny begins. WILLIAM PITT (Earl of Chatham)—Case of Wilkes. Speech. Jan. 9, 1770. Last line. 19 Nescis tuquam meticulosaressitire adjudicem. You little know what a ticklish thing it is to go to law. PLAUTUs—Mostellaria. W. 1. 52.
20 Non est princeps super leges, sed leges supra principem. The prince is not above the laws, but the laws above the prince. PLINY THE YouNGER—Paneg. Traj. 65.
21 Curse on all laws but those which love has made. Pope-Eloisa to Abelard. L. 74.
All, look up with reverential awe,
At crimes that 'scape, or triumph o'er the law. Pope—Epilogue to Satire. Dialogue I. L. 167.
Mark what unvary'd laws preserve each state,
Laws wise as Nature, and as fixed as Fate. Pope—Essay on Man. Ep. III. L. 189.
Piecemeal they win this acre first then, that,
Glean on, and gather up the whole estate. Pope—Satires of Dr. Donne. Satire II. L. 91.
25 Once (says an Author; where, I need not say) Two Trav'lers found an Oyster in their way; Both fierce, both hungry; the dispute grew strong, While Scale in hand Dame Justice pass'd along. Before her each with clamour pleads the Laws. Explain'd the matter, and would win the cause, Dame Justice weighing long the doubtful Right, Takes, open, swallows it, before their sight. The cause of strife remov’d so rarely well, "Tho *" (says Justice), “take ye each a Snell.
We thrive at Westminster on Fools like you: 'Twas a fat oyster—live in peace—Adieu.”
Pope—Verbatim from Boileau.
Let us consider the reasons of the case. For nothing is law that is not reason.
SIR John Powell—Coggs vs. Bernard. 2 Ld.