Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Sketch Of The Life Of The Great Earl Of Mansfield.
more simple system of the Roman Usufruct . The frequent necessity there is in our law to call in trustees , whenever property is to be transmitted or charged , so as to be taken out of immediate commerce , appeared to him an imperfection ; and he Avished the nature of our jurisprudence permitted the adoption of the rule of the Civil ' Law , that , Avhen a debt is extinguished , the estate or interest of the creditorin the lands
, or other property mortgaged for its security , is extinguished with it . It will be difficult to shew any other instance m winch he preferred the Civil Law to the Law of England . Fie observed Avith great satisfaction , that during the long period of his Chief Justiceship , there had been but one case in which he had ultimately differed with his brother judges of the same court . That the of
was case Perryn against Blake . Fie lamented the difference , but declared his conviction , that the opinion he delivered upon it was right . He recommended Saunders' Reports . He observed , that the quantity of professional reading absolutely necessary , or even really usefulto a lawyerwas not so great as was usuallimaginedbut
, , y ; , he observed , ' that it was essential he should read much , ' as he termed ' - it , ' in his own defence ; lest , by appearing ignorant on subjects which did not relate to-his particular branch of the profession , his ignorance of that particular branch misrht be inferred . '
Speaking of the great increase of the number of law books , he remarked , that it did not increase the quantity of necessary readinp-, as the new publications frequentl y made the reading of the formerpublications unnecessary . Thus , he said , since Mr . Justice Blackstone had published his Commentaries , no one thought of reading Wood ' s Institutes , or Finch ' s Law , Avhich , till then , were the first books usuall
y put into the hands of students . Fie said , that ' when he ' was young , feAV persons would confess they had not read a considerable part , at least , of the year books : but that , at the time he was then speaking , few persons would pretend to more than an occasional recourse to them in very particular cases . He warmly recommended the part of Giannone ' s History of Naples , which gives the history of and of the
jurisprudence , disputes between the church and the state . He mentioned Chillingworth as a perfect model of argumentation . _ In the fundamental principles , either of the constitution or the jurisprudence of this country , no one dreaded innovation more than he -did . His speech on the case of Eltham Allen [ Allen Evans ] shews his notions on the great subject of toleration . It was published bv Dr . Furneaux . tie Avas the first judge who openly discountenanced prosecutions on the Popery laws .
To these may be added a speech against the suspending and dispensing Prerogative , printed in Mr . Almon ' s collection , ft is an invaluable composition , and presents , perhaps , fhe clearest notions that have yet appeared in print , of this mysterious and delicate part of the law . Much of his manner of- arguing , and his turn of expression , is discoverable in it . It cannot , however , be considered as his genuine it is at least three
speech : times the size of the speech really delivered by him . He obtained by it a compleat triumph over Lord Camden and Lord Chatham ,
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Sketch Of The Life Of The Great Earl Of Mansfield.
more simple system of the Roman Usufruct . The frequent necessity there is in our law to call in trustees , whenever property is to be transmitted or charged , so as to be taken out of immediate commerce , appeared to him an imperfection ; and he Avished the nature of our jurisprudence permitted the adoption of the rule of the Civil ' Law , that , Avhen a debt is extinguished , the estate or interest of the creditorin the lands
, or other property mortgaged for its security , is extinguished with it . It will be difficult to shew any other instance m winch he preferred the Civil Law to the Law of England . Fie observed Avith great satisfaction , that during the long period of his Chief Justiceship , there had been but one case in which he had ultimately differed with his brother judges of the same court . That the of
was case Perryn against Blake . Fie lamented the difference , but declared his conviction , that the opinion he delivered upon it was right . He recommended Saunders' Reports . He observed , that the quantity of professional reading absolutely necessary , or even really usefulto a lawyerwas not so great as was usuallimaginedbut
, , y ; , he observed , ' that it was essential he should read much , ' as he termed ' - it , ' in his own defence ; lest , by appearing ignorant on subjects which did not relate to-his particular branch of the profession , his ignorance of that particular branch misrht be inferred . '
Speaking of the great increase of the number of law books , he remarked , that it did not increase the quantity of necessary readinp-, as the new publications frequentl y made the reading of the formerpublications unnecessary . Thus , he said , since Mr . Justice Blackstone had published his Commentaries , no one thought of reading Wood ' s Institutes , or Finch ' s Law , Avhich , till then , were the first books usuall
y put into the hands of students . Fie said , that ' when he ' was young , feAV persons would confess they had not read a considerable part , at least , of the year books : but that , at the time he was then speaking , few persons would pretend to more than an occasional recourse to them in very particular cases . He warmly recommended the part of Giannone ' s History of Naples , which gives the history of and of the
jurisprudence , disputes between the church and the state . He mentioned Chillingworth as a perfect model of argumentation . _ In the fundamental principles , either of the constitution or the jurisprudence of this country , no one dreaded innovation more than he -did . His speech on the case of Eltham Allen [ Allen Evans ] shews his notions on the great subject of toleration . It was published bv Dr . Furneaux . tie Avas the first judge who openly discountenanced prosecutions on the Popery laws .
To these may be added a speech against the suspending and dispensing Prerogative , printed in Mr . Almon ' s collection , ft is an invaluable composition , and presents , perhaps , fhe clearest notions that have yet appeared in print , of this mysterious and delicate part of the law . Much of his manner of- arguing , and his turn of expression , is discoverable in it . It cannot , however , be considered as his genuine it is at least three
speech : times the size of the speech really delivered by him . He obtained by it a compleat triumph over Lord Camden and Lord Chatham ,