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1 On the Reduction to Writing of the Criminal Law of England 1829

handle is hein.beal/ordwcle0001 and id is 1 raw text is: 









ON  THE


                   REDUCTION TO WRITING



                                        OF THE





 CRIMINAL LAW OF ENGLAND.






                 By   ANTHONY HAMMOND, EsQ.,

                     OF THE  INNER  TEMPLE,   BARRISTER  AT  LAW.





   It fortunately happens, to prevent all controversy and elation of mind, that our predecessors will
remain undisturbed in the honour and reverence due to them; whilst we pursue our own design, and
reap the fruits of our moderation. For, if we should pretend to produce any thing better than our pre-
decessors, yet proceed in the same way as they did, we could by no art of words prevent some appa-
rent rivalabip in capacity or ability : and however allowable this might be, as it is a liberty they took
before us, yet we should know the inequality of our own strength, and not stand the comparison.
But now as He go upon opening a quite new w ci for the uderstanding, untried ard unknowi to our
predecessors, the case changes, and all party and contest drops.
   And now we have only this request to make; that as we have bestowed much thought and care, not
only thatwbat we offer should be true, but also as much as is possible that it should be accessible to the
human mind, though strangely beset and prepossessed; we intreat it, as a piece of justice at the bands
of mankind, if they would judge of any thing we deliver, either from their own sense, the cloud of
authorities, or the forms of demonstration which now prevail as so many judicial laws; that they do it,
not on the sudden, and without attention, but first master the subject, by degrees make trial of the way
we chalk out, and accustom themselves to that subtlety of things which is imprinted in experience;
and, lastly, that by due and seasonable perseverance, they correct the ill habits that closely adhere to the
mind: and when thus they begin to be themselves, let them use their own judgment, and welcome.'-
Lord Bacon's Introduction to his Novum Organum.
   We suppose it will be granted, that that code of institutions is the most perfect, which most effec-
tually provides for every difficult case as it emerges, and therefore averts, as far as possible, the occur-
rence of doubt, and, of course, of litigation, by giving the most accurate and certain interpretation to
the general rule, when applied to cases as they arise.-Scott's Life of Napoleon.








                                  LONDON:

                 JOSEPH BUTTERWORTH AND SON,

                             43,  FLEET STREET.


                                    MDCCCXXIX.

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