in favor of liberality, in opening and enlarging the
avenues to justice, does not admit that “the
authority of one or two cases” is valid against
reason, equity, and convenience, the vital principles
of the law. He cites Wells
v. Williams,
1 Raymond, 282, to show that the necessity of trade
has mollified the too rigorous rules of the old law,
in their restraint and discouragement of aliens.
“A Jew may sue at
this day, but
heretofore
he could not, for then they were looked upon as
enemies, but now commerce has taught the world more
humanity; and therefore held that an alien enemy,
commorant here by the license of the King, and under
his protection, may maintain a debt upon a bond, though
he did not come with safe-conduct.” So far
Parker, concurring with Raymond. He proceeds:—“It
was objected by the defendant’s counsel, that
this is a novelty, and that what never has been done
ought not to be done.” The answer is, “
The
law of England is not confined to particular cases,
but is much more governed by reason than by any one
case whatever. The true rule is laid down by Lord
Vaughan, fol. 37, 38. ‘Where the law,’
saith he, ’is
known and clear, the Judges
must determine as the law is, without regard to the
inequitableness or inconveniency: these defects,
if they happen in the law, can only be remedied by
Parliament. But where the law is doubtful and
not clear, the Judges ought to interpret the law to
be as is most consonant to equity, and what is least
inconvenient.’”
These principles of equity, convenience, and natural
reason Lord Chief-Justice Lee considered in the same
ruling light, not only as guides in matter of interpretation
concerning law in general, but in particular as controllers
of the whole law of evidence, which, being artificial,
and made for convenience, is to be governed by that
convenience for which it is made, and is to be wholly
subservient to the stable principles of substantial
justice, “I do apprehend,” said that Chief-Justice,
“that the rules of evidence are to be considered
as artificial rules, framed by men for convenience
in courts of justice. This is a case that
ought to be looked upon in that light; and I take
it that considering evidence in this way [viz. according
to natural justice] is agreeable to the genius
of the law of England.”
The sentiments of Murray, then Solicitor-General,
afterwards Lord Mansfield, are of no small weight
in themselves, and they are authority by being judicially
adopted. His ideas go to the growing melioration
of the law, by making its liberality keep pace with
the demands of justice and the actual concerns of
the world: not restricting the infinitely diversified
occasions of men and the rules of natural justice within
artificial circumscriptions, but conforming our jurisprudence
to the growth of our commerce and of our empire.
This enlargement of our concerns he appears, in the
year 1744, almost to have foreseen, and he lived to