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petually at variance. Besides my approbation as a good citizen of your regulations, I have a particular interest in the conduct of Mujduddeen, who is Maulavy* of the court, and as such ought to be omni exceptione major. I believe from my conversation with him, that he is not a man of deep learning; but his manners are not unpleasing. The proposal which you make, cannot but produce good effects; but I hardly know any member of our society, who answers your description for a visitor under your directions, except Mr. Chambers, and his report might be depended on. I will, if you please, propose it on Thursday. The students brought a complaint before me last term, which I dismissed as not being within my cognizance, that their allowances were taken by the head, who left them without subsistence; but whether this be true or false, it will

* Expounder of the Mohammedan law.

not

not be amiss for the Maulavy to know, that he is subject to visitation from time to time.

If the best intentions can ensure safety, you have nothing to apprehend; but, alas! my friend, if you can be safe only in fixed unanimous opinions of statute law, you can seldom, I fear, act with perfect confidence. Such is the imperfection of human language, that few written laws are free from ambiguity; and it rarely happens that many minds are united in the same interpretation of them.

statesman told Lord Coke, that he meant to consult him on a point of law. "If it be common law," said Coke, " I

"should be ashamed if I could not give

66

66

you a ready answer; but if it be sta

tute-law, I should be equally ashamed "if I answered you immediately.”

I will here only set down a few rules of interpretation which the wisdom of ages

has

has established, where the sense of the words is at all ambiguous.

1. The intention of the writer must be sought, and prevail over the literal sense of terms; but penal laws must be strictly expounded against offenders, and liberally against the offence.

2. All clauses, preceding or subsequent, must be taken together to explain any one doubtful clause.

3. When a case is expressed to remove any doubt, whether it was included or not, the extent of the clause, with regard to cases not so expressed, is by no means restrained.

4. The conclusion of a phrase is not confined to the words immediately preceding, but usually extended to the whole antecedent phrase.

These are copious maxims, and, with half a dozen more, are the stars by which

we

we steer in the construction of all public and private writings.

Sir William Jones to J. Macpherson, Esq...!

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We have just convicted a low Hindu of a foul conspiracy, which would have ended in perjury, and (as his own law-giver says) in every cause of damna tion. If richer men were of the plot, I hope our court will escape the reproach of the satirist, that "laws resemble cobwebs, "which catch flies and let the wasps “break through.”

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Sir William Jones to J. Macpherson, Esq.

August 14, 1785.

1 give you my hearty thanks,

my dear Sir, for the history of the Roman Republic, which I read with particular

pleasure.

Looking

J

Looking over my shelves the other day, I laid my hand on the annexed little book ascribed to Sir Walter Raleigh; it is, like most posthumous works, incorrect, but contains, with some rubbish, a number of wise aphorisms and pertinent examples; it is rather the common-place book of some statesman, than a well digested treatise, but it has amused me on a second reading, and I hope it will amuse a few of your lei

sure moments.

The society of Sir William Jones was too attractive, to allow him to employ his leisure hours in those studies, which he so eagerly desired to cultivate, and although no man was more happy in the conversation of his friends, he soon found that the unrestrained enjoyment of this gratification was incompatible with his attention to literary pursuits. He determined therefore to seek some retirement, at no great distance from

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