 Infinity of Volumes which have already been published; to say nothing of the Infinity that are yet to come, which will be held equally Necessary for understanding the Profession, of critically distinguishing, and oratorically expatiating on Law against Law, Case against Case, Authority against Authority, Precedent against Precedent, Statute against Statute, and Argument against Reason.
In Matters of no greater Moment than Life and Death, Juries, as at the Beginning, are still permitted to enter directly on the Hearing and Decision. But, in Matters so sacred as that of Property, our Courts are extremely cautious of
too early
an Error in Judgment. In order therefore to sift and boult them to the very Bran, they are delivered over to the Lawyers, who are, equally, the Affirmers and Disputers, the Pleaders and Impleaders, Representers and Misrepresenters, Explainers and Confounders of our Laws. Our Lawyers, therefore, maintain their Right of being paid for their Ingenuity in putting and holding all Properties in Debate. Debated Properties, consequently, become the Properties of the Lawyers, as long as Answers can be given to Bills, or Replies to Answers, or Rejoinders to Replies, or Rebutters to Rejoinders; as long as the Battledors can strike and bandy, and till the Shuttle-cock falls of itself to the Ground.
Soberly and seriously speaking,
English Property,
when once debated, is merely a
Carcass of Contention
upon which interposing Lawyers fall, as customary Prize and Prey during the Combat of the Claimants. While any Flesh remains on a Bone, it continues a Bone of Contention. But, so soon as the learned Practitioners have picked it quite clean; the Battle is over, and all again is Peace and settled Neighbourhood.
It is worthy of much Pleasantry and shaking of Sides to observe that, in intricate, knotty, and extremely perplexing Cases, where the Sages of the Gown and Coif are so puzzled as not to know what to make of the Matter; they then bequeath it to the Arbitration and Award of two or three plain Men; or by Record, to the Judgment of twelve simply honest Fellows who, casting aside all Regard to the Form of Writs and Declarations, to the Lapse of Monosyllables, verbal Mistakes and Misnomers, enter at once upon the Pith and Marrow of the Business, and in three Hours determine, according to Equity and Truth, what had been suspending in the dubious Scales of Ratiocination, Quotation, Altercation, and pecuniary Consideration, for three and twenty Years.
Neither do I see any Period to the Progress of this Evil; the Avenue still opens and leads on to further Mischiefs.
