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“ But here a very natural, and very material, question arises: how are these customs or maxims to be known, and by whom is their validity to be determined? The answer is, by the judges in the several courts of justice. They are the depositary of the laws; the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land. Their knowlege of that law is derived from experience and study ”

“ I observe that not a few continental jurists have much difficulty in comprehending the nature of the connection between the conceptions blended in a universal succession, and there is perhaps no topic in the philosophy of jurisprudence on which their speculations, as a general rule, possess so little value. But the student of English law ought to be in no danger of stumbling at the analysis of the idea which we are examining. Much light is cast upon it by a fiction in our own system with which all lawyers are familiar. ”

“ Leaving the body under the earth, accompany the soul passing to a new and unknown region, where she expecteth the sentence of the eternal judge. Imagine with thyself that thou art present at this tribunal, and the whole court of heaven, waiting with deep silence, and great attention, the event and sentence of this judgment, here must be given a strict account of all receivings and disbursements. ”

“ Nothing like this has ever been possible among ourselves, and it should be acknowledged that in many criticisms passed on the English law the manner in which it has been enunciated seems to have been lost sight of. The hesitation of our courts in declaring principles may be much more reasonably attributed to the comparative scantiness of our precedents, voluminous as they appear to him who is acquainted with no other system, than to the temper of our judges. ”

“ So jurisprudence is compelled to regard something more than law simply, if it is to comprehend law. It has for its subject-matter the study of the relation of the fact law to all of the other facts of society, and so it goes back of positive law and seeks its springs and motives in systems like the early Roman and the Hindoo, where rites, liturgies, prayers, moral ordinances, and what we know distinctively as civil laws, appear to be mingled in mere senseless confusion. ”

“ But if we take the view of our friend the bad man we shall find that he does not care two straws for the axioms or deductions, but that he does want to know what the Massachusetts or English courts are likely to do in fact. I am much of his mind. The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.
Take again a notion which as popularly understood is the widest conception which the law contains;—the notion of legal duty, to which already I have referred. We fill the word with all the content which we draw from morals. ”

“ Well, a stranger might exclaim, what a race of medievalists you English lawyers ought to be! But on enquiry we shall find that the practical necessity for a little knowledge is a positive obstacle to the attainment of more knowledge and also that what is really required of the practising lawyer is not, save in the rarest cases, a knowledge of medieval law as it was in the middle ages, but rather a knowledge of medieval law as interpreted by modern courts to suit modern facts. ”

“ I have really had some sort of legal training, and as I assuredly know that I shall conduct my own defence in a manner which will recommend itself to my heart and my conscience, so do I believe that, if I choose to exercise it--and I suppose most men in my position would so choose--I have legal knowledge sufficient for my needs. The learned counsel who has addressed your lordship has put the matter most fairly. ”

“ Truly, Master Judge, he is a man much spoken of; marry, every man's cries are against him, and especially we; and therefore I think we have brought our Lawyer to touch him with as much law as will fetch his lands and my cow with a pestilence.
Thras. Sir, I am the other plaintiff, and this is my counsellor: I beseech your honour be favourable to me in equity. ”

“ Those who write upon the principles of jurisprudence, consider only what the person to whom the obligation is due, ought to think himself entitled to exact by force; what every impartial spectator would approve of him for exacting, or what a judge or arbiter, to whom he had submitted his case, and who had undertaken to do him justice, ought to oblige the other person to suffer or to perform. ”

“ Few, indeed, were there who courageously admitted their heresy when brought before the tribunal, and to the conscientious judge, eager to destroy the foxes which ravaged the vineyard of the Lord, the task of exploring the secret heart of man was no easy one. We cannot wonder that he speedily emancipated himself from the trammels of recognized judicial procedure which, in preventing him from committing injustice, would have rendered his labors futile. ”

“ But in civil cases the magistrate, though controlling the trial and deciding matters of law, was quite distinct from the judge or body of judges who decided the question of fact; and the quaestiones perpetuae, which reduced the magistrate in criminal cases to a mere president of the court, gave him a position inferior to that of the praetor, who tried civil cases, only in so far as the praetor controlled the trial in some degree by his formula, under which the judges decided the question of fact. ”

“ The chief objection that any naturalistic scheme of religion has to encounter comes from those who, applying the language of jurisprudence to every-day life, urge that the three terms, command, duty, and sanction, are inseparably connected ”

“ A judge and a facetious lawyer conversing on the subject of the transmigration of souls, the judge said, "If you and I were turned into a horse and an ass, which of them would you prefer to be?"—"The ass, to be sure," replied the lawyer.—"Why?"—"Because," replied the lawyer, "I have heard of an ass being a judge, but of a horse, never." ”

“ For the concrete development of beautifully bewigged humanity, called a lawyer, I beg you to observe that I always express, and feel, extreme respect. But for Law itself, in the existent form of it, invented, as it appears to me, only for the torment and taxation of Humanity, I entertain none whatsoever. ”

“ The laws were, at that time, all written in Latin.
[15] "No man shall be condemned at the king's suit, either before the king in his bench, where pleas are coram rege, (before the king,) (and so are the words nec super eum ibimus, to be understood,) nor before any other commissioner or judge whatsoever, and so are the words nec super eum mittemus, to be understood, but by the judgment of his peers, that is, equals, or according to the law of the land."—2 Coke's Inst., 46. ”

“ The Law, indeed, permits a Lord by the Judgment of his Court to call upon and distrain his Homager to appear in Court, and, unless he can purge himself against the charge of his Lord by three persons, or as many as the Court should award, he shall be amerced to the Lord, to the extent of the whole Fee that he holds of him. ”

“ If private men offend, there is the Magistrate over them, which judgeth; if Magistrates, they have their Prince; if Princes, there is Heaven, a tribunal, before which they shall appear; on earth they are not accountable to any. ”

“ Hence we see the fate of a delinquent changed many times in passing through the different courts of judicature, and his life and liberty, victims to the false ideas, or ill humour of the judge; who mistakes the vague result of his own confused reasoning, for the just interpretation of the laws. ”

“ Books of natural jurisprudence are in their essence books of ethics or moral philosophy, limited, however, to that department which is concerned with justice, as opposed to the other forms of right, while the method and the point of view are those of the lawyer rather than of the moral philosopher. ”

“ The former of these is called in the court of penance the key of the conscience, reasonably disposing the mind to the exercise of the second function, that is, the judicial; for no one legally has the power of pronouncing a definite sentence unless he has the prior power of discerning in a case in which he is called upon to discriminate and pronounce sentence. ”

“ Considerations of hardship often lead courts, naturally enough, to attribute to a statute the requirement of a certain mental element some consciousness of wrongdoing and knowledge of the law's command-as a matter of statutory construction. ”

“ When any one was accused of any crime, before he was allowed what was emphatically called the appeal to the judgment of God, he was compelled first to make oath of his innocence before the magistrates, and was attended by eleven friends, who, in some respects, were answerable for him ”

“ Therefore of everything this all-present god is judge, or rather, not one but many judges, since of each living creature he makes its own magistrate to deal out justice according to that creature’s law which in the beginning the god established for it and decreed. ”

“ He constantly slips into the lawyer's way of handling law, for like all lawyers he is apt to think in terms of paper and parchment; but he draws a great distinction, not so familiar to judges and lawyers—as English daily papers abundantly reveal—between the laws of God or Nature and the laws of human convention or human legislatures. ”

“ Herein we have an opportunity of solving the old question of the authority of the judge, wherein we have gone from one excess to another, from the unbounded authority of the Middle Ages to the Baconian aphorism respecting the law and the judge, according to which the law is excellent when it leaves least to the judge, and the judge is excellent when he leaves himself the least independent judgment. ”

“ It is indeed astonishing to observe how, during those centuries in which a splendid literature was growing up, when the most unpretentious writings offer us an example of good style, and when judges, notaries, and professors of law had the imperishable model of the Corpus iuris constantly before their eyes, the statutes should have been written in a form so illiterate that we may often pronounce it barbarous, and always involved and confused. ”

“ The sovereign, that is, the representative of society, and not the judge, whose office is only to examine, if a man have, or have not committed an action contrary to the laws. In every criminal cause the judge should reason syllogistically. ”

“ So in English law the goods of an intestate, before the grant of letters of administration, have been vested in the bishop of the diocese or in the judge of the Court of Probate, rather than left to the dead until they are in truth acquired by the living. ”

“ The lawyer finds in the Latin language the system of civil law most conformable with the principles of justice of any which has ever yet been established among men, and from which much has been incorporated into our own. ”

“ When a group of facts come before an English Court for adjudication, the whole course of the discussion between the judge and the advocate assumes that no question is, or can be, raised which will call for the application of any principles but old ones, or any distinctions but such as have long since been allowed. ”

“ No person convicted of Catholicism may practice the common law as a counsellor, clerk, attorney, or solicitor, nor may practice civil law as advocate, or proctor, nor shall be justice, minister, clerk, or steward in any court, nor practice medicine, nor perform as apothecary, nor be officer in a town, in the army, or navy, or forfeit 100 pounds as punishment. ”

“ If a judge, no proceedings shall be laid before him, and his sentences, where passed, shall be null and void; if an advocate, he shall not have faculty to plead; if a notary, his deeds shall be void; if a cleric, he shall be deposed from his office and benefices. ”

“ Nothing was considered as too sacred to be examined. To the tribunal of the mind of every man, however undisciplined and illiterate, were brought, like criminals to be tried, the profoundest mysteries and most perplexing questions of theology, and in proportion to the ignorance of the judge, was the presumption with which sentence was pronounced. ”

“ All I ask in the name of this illustrious foreigner is, that the court which tries him be pure, and the jury instructed in the cause; that the work be not condemned for wanting what it was not meant to have, and by persons nowise called to pass sentence on it. ”

“ The wild animal which is snared or killed by the hunter, the soil which is added to our field by the imperceptible deposits of a river, the tree which strikes its roots into our ground, are each said by the Roman lawyers to be acquired by us naturally. The older jurisconsults had doubtless observed that such acquisitions were universally sanctioned by the usages of the little societies around them, and thus the lawyers of a later age, finding them classed in the ancient Jus Gentium, and perceiving them to be of the simplest description, allotted them a place among the ordinances of Nature. ”

“ It is dedicated in remarkably good Latin, 'Augustissimo Principi omnique virtutum genere splendidissimo Jacobo Magno Dei gratia Britannise Regi.' It consists of four books. The first treats of what is now called jurisprudence, and is mainly devoted to expounding the distinction between natural and 'positive' law. ”

“ What magic influence operates upon the senses of the barrister (a scholar and a gentleman) to exert his winning eloquence and ingenuity in the cause of a client, who, in his conscience, he knows to be both morally and legally unworthy of the luminous defence put forth to prove the trembling culprit more sinned against than sinning?—AMBITION! ”

“ The offences of which it took cognisance were also expressly named and defined in this statute, and the new Quæstio had authority to try and sentence all persons in future whose acts should fall under the definitions of crime supplied by the law. It was therefore a regular criminal judicature, administering a true criminal jurisprudence. ”