" Such is the genius of the law of England, that these
two principles, of the general moral necessities of things, and the
nature of the case, overrule every other principle, even those rules
which seem the very strongest. Chief-Baron Parker, in answer to an
objection made against the infidel deponent, "that the plaintiff ought
to have shown that he could not have the evidence of Christians," says,
"that, repugnant to natural justice, in the Statute of Hue and Cry, the
robbed is admitted to be witness of the robbery, as _a moral or presumed
necessity is sufficient_." The same learned magistrate, pursuing his
argument 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.
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