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Instaurare paras veterum documenta sophorum: Instaura leges justitiamque prius." He added, with allusion to the ship in the frontispiece of the Novum Organum, "It deserveth not to be read in schools, But to be freighted in the ship of Fools." The tremendous sentences of those days, with their crushing fines, were often worse in sound than in reality.

All the subsequent sections except those relating to appeals had been repealed by a later Provincial Act, and although power was given to the senior puisne Judge, in the absence of the Chief Justice, to teste the process, and to any of the Judges to sit at Nisi Prius, there was no authority to sit in Banco, unless the Court were full.

Returning to my primitive solitude and lying down to sleep, my grateful heart expands with the consciousness that there is no adjourned Debate, no ministerial explanation, nobody to give notice of intention to ask the noble Lord at the head of her Majesty's Government five-and-twenty bootless questions in one, no term time with legal argument, no Nisi Prius with eloquent appeal to British Jury; that the air will to-morrow, and to-morrow, and to-morrow, remain untroubled by this superabundant generating of Talk.

Again and again I read over the entire letter; never truly did a nisi prius lawyer con over a new act of parliament with more searching ingenuity, to detect its hidden meaning, than did I to unravel through its plain phraseology the secret intention of the writer towards me.

Cuncta prius tentanda might have been formerly urged with some plausibility, but cuncta prius tentata may now be replied: for surely, if a few monopolizing fishmongers could defeat that excellent scheme of the Westminster market, to the erecting which so many justices of peace, as well as other wise and learned men, did so vehemently apply themselves, that they might be truly said not only to have laid the whole strength of their heads, but of their shoulders too, to the business, it would be a vain endeavor for any other body of men to attempt to remove so stubborn a nuisance.

These words are used in both English and German so confusedly that we often hesitate merely to touch them. Now if we say that the mind is a development, and is not a prius, what idea ought it to suggest? Does this mean the principle of life, or the understanding, or the reason, or consciousness? We suffer here from a real and very dangerous embarras de richesse.

In England, the judges at nisi prius express their opinions freely on the value and weight of the evidence, and the judges in banc, by consent of parties, constantly draw inferences of fact. Hence nice distinctions as to the province of court and jury are not of the first necessity.

They have hitherto shown no virtue, and very little wit, beyond that mischievous cunning for which it is held, by Hale, that children may be hanged! As war is the last of remedies, "cuncta prius tentanda," all lawful expedients must be used to avoid it.

The native sees himself obliged to purchase farms in other places, which bring him as good returns as ours, or better. I fear that we are already on the decline; quos vult perdere Jupiter dementat prius. For this reason we should not increase our burden; the people are already murmuring.

However, this may have had no other source than a distinguished lawyer whose keen eyes had been observing him since his first appearance in politics. Stephen T. Logan "had that old-fashioned, lawyer-like morality which was keenly intolerant of any laxity or slovenliness of mind or character." He had, "as he deserved, the reputation of being the best nisi prius lawyer in the state."