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succession of expounders of their brevity of the Twelve Tables, the laws from that period to the pre- Hindoo Code has no resemblance, sent. Without entering into any but with respect to the number and .examination of what is so extrava- variety of points it considers, it will gani, we may conclude, that the bear a comparison with the celeHindoos have in their possession brated digest of Justinian;or with the treatises, concerning the laws and systems of jurisprudence in nations jurisprudence of their country, of most highly civilized. The articles more remote antiquity than are to

of which the Hindoo Code is combe found in any other nation. The posed, are arranged in natural and truth of this depends not upon their luminous order. They are numeown testimony alone, but it is put rous and comprehensive, and inbeyond doubt by one circumstance, vestigated with that minutė attenthat all these treatises are written in tion and discernment which are nathe Sanskreet language, which has tural to a people distinguished for not been spoken for many ages in acuteness and subtilty of underany part of Indostan, and is now un- standing, who have been long acderstood by none but the most learn- customed to the accuracy

of judied Brahmins. That the Hindoos cial proceedings, and acquainted were a people highly civilized, at with all the refinements of legal the time when their laws were com- practice. The decisions concernposed, is most clearly established by ing every point (with a few excepinternal evidence contained in the tions occasioned by local prejudices Code itself. Among nations be- and peculiar customs) are founded ginning to emerge from barbarism, upon the great and immutable printhe regulations of law are extremely ciples of justice which the human simple, and applicable only to a few mind acknowledges and respects, in obvious cases of daily occurrence. every age, and in all parts of the Men must have been long united in earth. Whoever examines the a social state, their transactions must whole work, cannot entertain a have been numerous and complex, doubt of its containing the jurisand judges must have determined prudence of an enlightened and an immense variety of controversies commercial people. Whoever looks to which these give rise, before the into any particular title, will be sursystem of law beconies so volumi prised with a minuteness of detail nous and comprehensive as to direct and nicety of distinction, which, in the judicial proceedings of a nation many instances, seem to go beyond far advanced in improvement. In the attention of European legislathat early age of the Roman repub- tion; and it is remarkable that some lic, when the laws of the Twelve of the regulations which indicate Tables were promulgated, nothing the greatest degree of refinement, more was required than the laconic were established in periods of the injunctions which they contain for most remote antiquity. “In the regulating the decisions of courts of first of the sacred law tracts (as is justice; but, in a later period, the observed by a person to whom ori. body of civil law, ample as its con

ental literature, in all its branches, tents are, was found hardly sufficient has been greatly indebted,) which To the jejune the Hindoos suppose to have been with respect to a point of so much tions ; in order tbr their lawimportance in their policy. Fortu- duct every part order and nately, the defects of their informa- particularly , that the pution have been amply supplied by justice, in

revealed

for that purpose.

inflict on crithe more accurate and extensive re. commodat

y to an obsersearches of the moderns. During own ide" its already menthe course of almost three centuries, dertaki

rigorous. “Puthe number of persons who have re. zeal F

uing to a striking sorted from Europe to India has mini'

. in the Hindoo Code) been great. Many of them, who not have remained long in the country, bi

rate; punishment is the

terror; punishmentis the and were persons of liberal educa

ur of the subjects; punishtion and enlarged minds, have lived is the defender from calamity; in such familiar intercourse with the

ishment is the guardian of those natives, and acquired so competer

wat sleep; punishment, with ablack a knowledge of their languages,

aspect, and a red eye, terrifies the enabled them to observe their ir

t guilty.”+ butions with attention, and to scribe them with fidelity. R.

Third Discourse, Asia. Research. p. 421. able as their authority ma shall not, in what I offer trating the judicial proc the Hindoos, rest upon shall derive my info sources higher and

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ving, most painful plodder can never ar¿ Inner rive at celebrity by mere reading ; rections to a man calculated for success, must

add to native genius an instinctive March 3, 1779. faculty in the discovery and reten

tion of that knowledge only, which

can be at once useful and produc-
soits of intercourse in tive.
ich I have lived with

your I imagine that a considerable de-
joined to the regard which I gree of learning is absolutely neces-
tain for yourself, makes me so- sary. The elder authors frequently
itous, in compliance with your wrote in Latin, and the foreign ju-
request, to give you some hints con- rists continue the practice to this
cerning the study of the law. day. Besides this, classical attain-

Our profession is generally ridi- ments contribute much to the refineculed as being dry and uninterest. ment of the understanding, and the ing; but a mind anxious for the dis- embellishment of the style. The covery of truth and information will utility of grammar, rhetoric, and be amply gratified for the toil, in logic, are known and felt by every investigating the origin and progress one. Geometry will afford the of a jurisprudence which has the most apposite examples of close and good of the people for its basis, and pointed reasoning ; and geography the accumulated wisdom and expe- is so very necessary in common life, rience of ages for its improvement, that there is less credit in knowNor is the study itself so intricate as ing, than dishonour in being unachas been imagined ; more especially quainted with it. But it is history, since the labours of some modern and more particularly that of his writers have given it à more regular own country, which will occupy the and scientific form. Without in- attention and attract the regard of dustry, however, it is impossible to the great lawyer. A minute knowarrive at any eminence in practice; ledge of the political revolutions and and the man who shall be bold judical decisions of our predecesenough to attempt excellence by sors, whether in the more ancient abilities alone, will soon find himself or modern æras of our government, foiled by many who have inferior is equally useful and interesting, understandings, but better attain- This will include a narrative of all ments. On the other hand, the the material alterations in the Com

mon

• Afterwards Lord Ashburton, for a sketch of his character, see our 23rd, volume,

revealed by Menu some millions of such is the solicitude of their lawyears ago, there is a curious passage givers to preserve the order and on the legal interest of money, and tranquillity of society, that the puthe limited rate of it in different nishments which they inflict on cricases, with an exception in regard minals, are (agreeably to an obserto adventures at sea; an exception vation of the ancients already menwhich the sense of mankind ap- tioned) extremely rigorous. "Puproves, and which commerce abso- nishment (according to a striking lutely requires, though it was not personification in the Hindoo Code) before the reign of Charles I. that is the magistrate; punishment is the our English jurisprudence fully ad- inspirer of terror; punishment is the mitted it in respect of maritime con. nourisher of the subjects; punishtracts."* It is likewise not unworthyment is the defender from calamity; of notice, that though the natives of punishment is the guardian of those India have been distinguished in that sleep; punishment, with a black every age for the humanity and aspect, and a red eye, terrifies the mildness of their disposition, yet guilty.”+

* Sir William Jones's Third Discourse, Asia. Research. p. 421. + Code, ch. xxi. § 8.

- 25

*

MISCELLANEOUS

MISCELLANEOUS ESSAYS.

THE

Copy of a letter from John Dunning, most painful plodder can never ar

esq. to a gentleman of the Inner rive at celebrity by mere reading ; Temple; containing directions to a man calculated for success, must the student.

add to native genius an instinctive Lincoln's Inn, March 3, 1779. faculty in the discovery and reten

tion of that knowledge only, which Dear sir,

can be at once useful and producTHE habits of intercourse in tive.

which I have lived with your I imagine that a considerable defamily, joined to the regard which I gree of learning is absolutely necesentertain for yourself, makes me so- sary. The elder authors frequently licitous, in compliance with your wrote in Latin, and the foreign jurequest, to give you some hints con- rists continue the practice to this cerning the study of the law. day. Besides this, classical attain

Our profession is generally ridi. ments contribute much to the refineculed as being dry and uninterest. ment of the understanding, and the ing; but a mind anxious for the dis- embellishment of the style. The covery oftruth and information will utility of grammar, rhetoric, and be amply gratified for the toil, in logic, are known and felt by every investigating the origin and progress one. Geometry will afford the of a jurisprudence which has the most apposite examples of close and good of the people for its basis, and pointed reasoning ; and geography the accumulated wisdom and expe- is so very necessary in common life, rience of ages for its improvement. that there is less credit in knowNor is the study itself so intricate as ing, than dishonour in being unachas been imagined ; more especially quainted with it. But it is history, since the labours of some modern and more particularly that of his writers have given it à more regular own country, which will occupy the and scientific form. Without in attention and attract the regard of dustry, however, it is impossible to the great lawyer. A minute knowarrive at any eminence in practice; ledge of the political revolutions and and the man who shall be bold judical decisions of our predecesenough to attempt excellence by sors, whether in the more ancient abilities alone, will soon find himself or modern æras of our government, foiled by many who have inferior is equally useful and interesting: understandings, but better attain- This will include a narrative of all ments. On the other hand, the the material alterations in the Com

mon

• Afterwards Lord Ashburton, for a sketch of his character, see our 23rd, volume,

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