52 HIS TOR}' of the SO CI Err. 



Accmint of ply that Unavoidable deficiency. They are, moreover, a cri- 

 Dundas teriou to thc public, both of the abilities of Judges, and of 



their attention to the duties of their ofEce. But ftill, it muft 

 be admitted, that there is much danger in allowing too great 

 latitude to judicial reafonings. Befides the delay of bufinefs, 

 there is a hazard that that warmth of argument, againft which 

 even the wifeft and mod difpafTionate of men cannot at all 

 times guard themfelves, fliould diminifli the reverence due to 

 the Court, and even the authority of its decifions ; for thofe 

 judgments can afTuredly have but little weight which are known 

 to be the refult of a war of contradicftory ideas. In a tribunal 

 compofed of many Judges, there muft of courfe be a frequent 

 diverfity of opinion ; but it is not always defirable that the 

 grounds of thofe different opinions fliould be publicly canvaf- 

 fed. It is with the wifdom of a Court, as it is with perfonal 

 beauty, (the obfervation of one of the ableft judges of human 

 nature*) the form upon the whole, when furveyed at its proper 

 diflance, may be confummately graceful ; but it is not expedient 

 to examine it by too near an approach, or to analyfe too mi- 

 nutely its particular features. 



Such were known to be the fentiments of that great Judge, 

 whofe charader we arc now attempting to delineate ; and cor- 

 refponding to thefe fentiments was his own condu(5l upon the 

 Bench. He very rarely entered into a laboured argument on 

 the whole grounds of a caufe ; much lefs into an examination 

 or confutation of the opinions delivered by his brethren. He 

 limited himfelf to a fliort and folemn enunciation of his own 

 opinion, which he generally fupported by a very few reafons, 

 on which he apprehended the decifion ought to reft. His man- 

 ner of fpeaking was firna and authoritative ; his language for- 

 cible, though unadorned in its ftru<5\ure ; and, feeking not to 

 pleafe, but to convince, he difregarded thofe graces of elocu- 

 tion 



• Clarendon. 



