e having any opportunity of knowing, or approving, or
disapproving of what is done; that such conduct is calculated to bring
the judges themselves into great odium; that it is not the proper time
nor opportunity for amending the laws; that this ought only to be
brought forward in an assembly of the people, and only to be done by
the people; that if they now do so, the speaker would like to know
who is the maker of the new law, and who are to obey it; that he
sees actions impending, and wishes to prevent them; that as all
such proceedings as these are exceedingly useless and abundantly
discreditable, the law, whatever it is like, ought, while it exists,
to be maintained by the judges, and hereafter, if it is disapproved
of, to be amended by the people. Besides this, if there were no
written law, we should take great trouble to find one; and we should
not place any confidence in that man, not even if he were in no
personal danger himself; but now, when there is a written law, it is
downright insanity to attend to what that man says who has violated
the law, rather than to the language of the law itself. By these and
similar arguments it is proved that it is not right to admit any
excuse which is contrary to the letter of the law.
XLVI. The second part is that in which it is desirable to prove that
if such a proceeding is right with respect to other laws, it is not
advisable with respect to this one. This will be shown if the
law appears to refer to matters of the greatest importance, and
usefulness, and honourableness, and sanctity; so that it is
disadvantageous, or discreditable, or impious not to obey the law as
carefully as possible in such a matter. Or the law may be proved to
have been drawn up so carefully, and such great diligence may be shown
to have been exercised in framing each separate provision of it, and
in making every exception that was allowable, that it is not at all
probable that anything proper to be inserted has been omitted in so
carefully considered a document.
The third topic is one exceedingly necessary for a man who is arguing
in defence of the letter of the law; by which it may be urged, that
even if it is decent for an excuse to be admitted contrary to
the letter of the law, still that excuse which is alleged by his
adversaries is of all others the least proper to be so alleged. And
this topic is necessary for him on this account,--because the man who
is arguing against the letter of the la
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