There are cases where examinations are admitted, namely, before the coroner, and before magistrates in cases of felony. That appears to me to go rather in support of the general rule than in destruction of it. Every exception that can be accounted for is so much a confirmation of the rule that it has become a maxim, Exceptio probat regulam.

Works in ChatGPT, Claude, or Any AI

Add semantic quote search to your AI assistant via MCP. One command setup.

Really I wish I was more acquainted than I am, with the course of criminal jurisdiction—if the question had never been decided, I should have extreme doubts upon it, and those extreme doubts which I should have would lead me in a criminal case to do otherwise than I should do in a civil case—in every civil case [I speak in the hearing of a great many professional gentlemen] wherever I have serious doubts, I follow the doctrine which I have collected to be laid down by Lord Hardwicke; I receive the evidence, giving the jury the best instruction I can upon the effect of it; and I do it in the case of civil proceedings, without running the risk of doing any hurt, because if I receive it improperly, a season will come when the Court can correct my error.

There are many situations in life, and particularly in the commercial world, where a man cannot by any diligence inform himself of the degree of credit which ought to be given to the persons with whom he deals; in which cases he must apply to those whose sources of intelligence enable them to give that information. The law of prudence leads him to apply to them, and the law of morality ought to induce them to give the information required.

Share Your Favorite Quotes

Know a quote that's missing? Help grow our collection.

With regard to the construction of statutes according to the intention of the legislature, we must remember that there is an essential difference between the expounding of modern and ancient Acts of Parliament. In early times the legislature used (and I believe it was a wise course to take) to pass laws in general and in few terms; they were left to the Courts of law to be construed so as to reach all the cases within the mischief to be remedied. But in modern times great care has been taken to mention the particular cases in the contemplation of the legislature, and therefore the Courts are not permitted to take the same liberty in construing them as they did in expounding the ancient statutes.

I hope that there is no jealousy, or even ground of jealousy, on the part of the Americans, but that they know that when their rights come to be discussed here the greatest attention will be paid to their interests. They have long been acquainted with the habits of this country, and with the mode of administering justice here : until within these few years their causes used to come over here to be discussed, and I never heard that the decisions in our Courts ever awakened the least jealousy in the breasts of the inhabitants of that country.

The discussion which was made by Luther, Melancthon, and the other persons who preceded the Reformation, opened the eyes or the public; and they got rid of the delusions which had been spread by the Pope of Rome, and emancipated mankind from the spiritual tyranny they were under, and brought about the establishment of that religion which we now enjoy in this country.