t us should so determine
ours, according to occurrences and at sight, without obligation of
example and consequence? For every foot its own shoe. King Ferdinand,
sending colonies to the Indies, wisely provided that they should not
carry along with them any students of jurisprudence, for fear lest suits
should get footing in that new world, as being a science in its own
nature, breeder of altercation and division; judging with Plato, "that
lawyers and physicians are bad institutions of a country."
Whence does it come to pass that our common language, so easy for all
other uses, becomes obscure and unintelligible in wills and contracts?
and that he who so clearly expresses himself in whatever else he speaks
or writes, cannot find in these any way of declaring himself that does
not fall into doubt and contradiction? if it be not that the princes of
that art, applying themselves with a peculiar attention to cull out
portentous words and to contrive artificial sentences, have so weighed
every syllable, and so thoroughly sifted every sort of quirking
connection that they are now confounded and entangled in the infinity of
figures and minute divisions, and can no more fall within any rule or
prescription, nor any certain intelligence:
"Confusum est, quidquid usque in pulverem sectum est."
["Whatever is beaten into powder is undistinguishable (confused)."
--Seneca, Ep., 89.]
As you see children trying to bring a mass of quicksilver to a certain
number of parts, the more they press and work it and endeavour to reduce
it to their own will, the more they irritate the liberty of this generous
metal; it evades their endeavour and sprinkles itself into so many
separate bodies as frustrate all reckoning; so is it here, for in
subdividing these subtilties we teach men to increase their doubts; they
put us into a way of extending and diversifying difficulties, and
lengthen and disperse them. In sowing and retailing questions they make
the world fructify and increase in uncertainties and disputes, as the
earth is made fertile by being crumbled and dug deep.
"Difficultatem facit doctrina."
["Learning (Doctrine) begets difficulty."
--Quintilian, Insat. Orat., x. 3.]
We doubted of Ulpian, and are still now more perplexed with Bartolus and
Baldus. We should efface the trace of this innumerable diversity of
opinions; not adorn ourselves with it, and fill p
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