date

21 July 1805 Evidence Note
21 July 1805

Evidence

Note?

Introd.

Ch. II Vices

''. Ex post facto

Equity Jurisdiction

While /meantime/, here as elsewhere, the disputes /disputes/ between potentates were carried on /maintained/ and pacified at the expense of subjects, there sat the common sovereign, nodding over the spot, the field of battle /the theatre of [...?]/ in criminal /scandalous/ blindness, or more criminal /scandalous/ indifference. What need he care? He laid his pickings out of both: to him they were equally subservient, equally contemptible: equally dependant on the breath of his nostrils, equally sheep, or wolves rather of his pasture.

An arrangement /A state of things/ /A singularity/ thus monstrous, in the composition of which absurdity and injustice seemed to outvie each other /two mutually independent tribunals judging on mutually repugnant principles/, is peculiar to this [...?] /blind/ sort of good government. It is altogether without a parallel in the whole continent of Europe, it is altogether without parallel. No other country under the sun is cursed with any such nuisance as a Court of Equity. not but in every court /there as here/ men hear enough of Equity but upon the continent, far from being a principle distant from justice and treading upon Justice with servants of her own, collaring /Revolt being[?]/ the servants of justice and tying up their hands, she is no more than Justice herself, dressed up in her best clothes, amusing herself with fine /finer/ work after the coarser part of the work is done.

Indeed as upon the continent of Europe, the system of judicature (always with this exception of such part of it as hath rebound the natural mode as with this exception as the system of judicature, though doing no sort of business otherwise than badly, is and all along has been [...?] competent /[...?]/ to do all sorts of business, and, with a few inconsiderable exceptions to receive on in court whatever plea could be received in another and with a few inconsiderable exceptions every where upon the same principle. There was no room for any such contrarity, as two sets of tribunals, one to administer justice, the other to administer a something which not being in justice, was at the same time different from, which is as much as to say, opposite to, justice.
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