It is a maxim among these lawyers, that whatever hath been done before may legally be done again; and therefore, they take special care to record all the decisions formerly made against common justice and the general reason of mankind. These, under the name of “precedents”, they produce as authorities, to justify the most iniquitous opinions; and the judges never fail of directing accordingly.
In pleading, they studiously avoid entering into the merits of the cause, but are loud, violent and tedious in dwelling upon all circumstances which are not to the purpose. For instance, in the case already mentioned, they never desire to know what claim or title my adversary hath to my cow; but whether the said cow were red or black, her horns long or short, whether the field I graze her in be round or square, whether she was milked at home or abroad, what diseases she is subject to, and the like; after which they consult precedents, adjourn the cause from time to time, and ten, twenty or thirty years, come to an issue.