date

21 July 1805 Evidence Introd
21 July 1805

Evidence

Introd. Jurisprudent

Ch.

Equity Jurisdiction

So striking /prominent/ is the singularity, that, narrow as the views of English lawyers generally are it has not escape the eyes /observation/ even of English lawyers. A cow /being/ was not long ago exhibited in London with two heads: one useful like an ordinary head, the other an encumbrance. If the [...?] who had become such an object in the language of inferior animals had paid a visit to the Cow, he might have heard her deploring with grievous sympathy the destitute state of ordinary cows, wondering how each of them with but a single head could contrive to live and breathe. The English lawyer, [commiserating with ready sympathy the case of his fellow creatures on the other side of the water continent], is at a loss /in distress/ to conceive what becomes of Equity, where there are no courts of Equity where Equity has not a Court to help herself with, and how it is that with nothing better than justice, men can contrive to live and breathe.

The plague seems hitherto to have been peculiar, at least in the character of a regularly established disease, to countries subjected to Turkish government. Yet how indifferent so ever to the scurge, it must be questioned whether any Turk was ever heard to pride himself upon it: or to wonder how a country governed by Christian dogs, ever contrived to live without it.
Similar Items
  • Title: [21 July 1805 Evidence Note]
    Description: 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.
  • Title: [5 Jan y 1807 Scotch Reform To L d]
    Description: 5 Jan y 1807

    Scotch Reform To L d Grenville

    Facienda

    Jury why on appeal only

    Having confessed to your Lordship my notions concerning the abuse as well as the use of the institution, as applied in the case of a country to /in/ which it is not yet in use, I will now tell your Lordship what it is makes lawyers so much in love with Juries: English lawyers to whom they are so familiar /their [...?]// they are such old acquaintances/, Scotch lawyers to whom they are new /so [...?] and so/.

    My Lord, trial by Juries is trial with lawyers. Trial in the existing Courts of Natural Procedure, trial under their limited jurisdiction is in almost every instance, in the most unlimited field of jurisdiction it could be in nine or more instances out of ten, trial without lawyers.

    In this as in all other predilections, there is an object of jealousy and aversion expressed /declared/ or implied. Now then my Lord what is the object /counter// rival/, the object to be depreciated in this case? is it Equity? Ah, no my Lord: for some hundred years /ages past/ at least, no English lawyer has ever under valued Equity. The best that Juries can give is but Common Law: and Equity blooming maid! ever smiling Equity! how is so much sweeter /richer/ and more delicate! Why? because much as Common law affords, Equity affords more work still for lawyers

    So, my Lord: it is that odious thing natural procedure under the name of summary, that is the real object of that irreconciable /inextinguishable/ hatred, which learned gentlemen can never cease to feel, nor venture explicitly to avow. Why? because from the soil in Natural procedure factitious delay, vexation and expense are unknown /banished/. No work for the lawyer /any more than for the lawyer/: /learned gentlemen may cry till they are hoarse, who has need of one?/ nothing going forward from which profit /any thing beyond limit/ can be extracted.
  • Title: [19 July 1805 Evidence Note]
    Description: 19 July 1805

    Evidence

    Note?

    Introd. Jurisprudential

    Ch. II Vices

    Ex post facto

    Equity Jurisdiction

    The distinction /notion/ of one sort of law under the name of Common Law to be administered by one sort of Court under the name of a Court of Common Law and another sort of law under the name of Equity to be administered by another sort of Court under the name of a Court of Equity is altogether peculiar to England - Why? Because England has Juries, other Countries have no Juries.

    Among the aberrations necessary to the existence of Society there are some that are capable /which it is possible/ of being carried on with the intervention of these ephemera Judges. There are others which it is not possible to carry on with the intervention of these [aphemera[?]] Judges.

    The operation which it /is/ has been possible to be carried on in that original and English mod [...? ...? to England] have been carried on in a mode resembling that which without much variation is in use in all other Countries.

    Abundant are the cases and these amongst the most important in which from the courts of justice by the universal /explicit/ confusion or rather declaration of lawyers themselves, Justice is not to be obtained at all /at any price/ from the Courts of Equity, not but at their own outrageous price. Such there between the two is the condition and [...?] of the suitor: compleat injustice, or more than ordinarily ruinous justice: vexatious, expensive and dilatory justice.