date

24 March 1805 Evidence Securities
24 March 1805

Evidence

Securities

Ch. Procedure Technical

Thus it is that the man of law possessing /comprizing/ in his own breast every endowment every condition necessary to the accomplishment of the work of mischief and injustice /deeds of darkness/, inclination, power, appropriate knowledge, has on different occasions pursued /organized/ the game of injustice through roads somewhat different: for the sake of profit /thus[?] proportionably attached/, he has created in factitious and abundant masses the mischief of expence vexation and delay: and thus he has travelled /laboured/ in opposition to the collateral end o justice. For the sake of the profit to be extracted in a second /an expected subsequent/ suit, he has decided against /the merits that is against/ justice in a first suit /preceding one/, and thus he has run counter to the direct end of justice. In the [...?] hope of a second suit by the substitution of [...?] to the refuted evidence - for this cause, or perhaps through mere indifference giving way to the first impulse, by excluding evidence he has excluded justice: and thus for mere want of thought, as the [...?] whistled he has run counter to the same ends and stumbled upon injustice. Less[?] for want of thought, as there /above/ by dint of thought, he has run counter to the same ends.
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  • Title: [March 1805 Evidence Securities]
    Description: March 1805

    Evidence

    Securities

    Ch Procedure Technical

    In the manufacture /organizing/ of misdecision, in the counteraction of the direct end /ends/ of justice, the interest under which /the influence of/ the men of law has been operating /establishing his arrangements /his works// are not quite so obvious, but scarcely less decided and efficient. In a double way, by a double force, he has been urged /prompted and induced/ to set up iniquity as a trash[?] to aim at. /work iniquity in performance to justice./ Misdecision, if on a ground foreign to the merits, and at the same time not final and conclusive, will operate upon him to whom the injustice has been done /whose prejudice the decision has been pronounced/: will frequently operate upon him. but as a spur by which he will be urged to seek, in a corrected cause, the justice which is his due. To this consideration to this cause may all decision on points foreign to the merits all decisions pronounced on any occasion /of the numerous occasions/ on which the word nullity, and its conjugates /quasi-conjugates/, and correlations, will /invalidity/ and void, quash, set aside, nor count to be employed.

    But whom under the auspices /shade/ of uncontrouled power, the workings of personal interest /the slow and secret but [...?] and indefatigable/ in the breast of the Judge, to the [...?] displaced /[...?]/ love of justice, an inward and pale[?] affection and predilection for injustice, an indifference /a [...?]/ for justice, or rather /of not/ a much more pernicious sentiment /affection/ is the sort of affection, which may upon a multitude /the prevalence and influence/ of occasions may naturally be expected. Of the source of this affection with indolence, rash decision, misdecision for want of thought, will naturally be a most frequent fruit: and to this cause may be inferred those exclusive rules /rules of exclusion/ of which the law of evidence is in a great part composed, and by which it has been reduced in that state of depouration /depravity/ the marks of which will in the course of this work be but too conspicuous.
  • Title: [21 April 1805 Evidence Securities]
    Description: 21 April 1805

    Evidence

    Securities

    Ch. Procedure Technical

    ''.2. Objects pursued

    In the objects or ends pointed at by the interests abovementioned some sort of contrarity and competition may already have been observed: to encrease suits and not to encrease them, to encrease labour and not to encrease it: to extract the maximum of their advantage objects somewhat differently [...?] must therefore have been aimed at, means of different description and even opposite tendency as among the legitimate +, so among these illegitimate occasionally employed: each of the interests, each object /interest, each object/ must occasionally have been made to give way, and in some sort sacrificed, to the other. /another/.

    1. One interest said - make as many suits as possible.

    2. Another interest said - make the profit upon each suit as great as possible.

    3. A third said - make the trouble to yourselves from all suits taken together as little /light/ as possible.

    Here was a sort of contarity /To a certain degree these interests clashed:/: by the same means /arrangement/ by which one of them was promoted, another was counteracted. The more the profit upon each was augmented, the more the number of them was diminished: for the profit to the man of law being unavoidably attended with expence as well as vexation to a much greater amount to the individual would in many instances by utter inability in many more by dint of [...?] prevent them either from entering into or from continuing in the situation of a suitor - would in other words diminish the number of suits - would strike a number of hypothetical suits out of the list of actual ones - But the suits thus struck out of the list what

    Ends.

    Conflict.
  • Title: [Oct 1805 Evidence Appropriate]
    Description: Oct 1805

    Evidence

    Appropriate

    The cause /origin/ of the questions as subjects of debate themselves is one thing: the cause /origin/ of the importance that belongs to them is another. The questions themselves spring as we have seen out of one species of abuse: the /their/ importance that belongs to them out of another species of abuse.

    Under the natural system, if, for want of due notice, or by any other accident, a party happens not to be prepared on this or that day with this or that article of necessary evidence, the evidence being by the supposition in his power /at his command/, he brings it with him the next day. But in the English technical system, in which the denial of justice is the ordinary state of things, and justice is not so much as pretended to be administered but after a short period separated from each other by distant intervals the next day does not come till six months after and /or/ in some places perhaps twelve months: and when another day for the production of the omitted evidence does come, it is not to be obtained but upon the terms of the second plunderage, performing once again for the benefit of the man of law all those useless ceremonies /preliminaries/ which never ought to have been performed at all. Under the care of English Judges a /every/ law suit is thus the very stem of [...?]: when a pretence has been found for preventing it from gaining the top of the hill, if it be destined to take a second chance it is not allowed to keep the ground that it has gained, but it is in the first [...?] /rolled back/ into the bottom, before a second chance is allowed it, of getting /being forced up/ up to the top.