058-292.xml

Title: [24 March 1805 Evidence Securities]

Description: 24 March 1805

Evidence

Securities

Ch. Procedure Technical

Such has been the end, the sinister end to the attainment by which the generations of the man of law, the constructor of the technical system, as will be seen, have all along, but more especially at the commencement been directed. Such the sinister the illegitimate end of judicature: what then it may /will naturally/ be asked is its relation, whence its opposition to the straight, the legitimate ends of judicature, the ends of justice? The question is a reasonable one, and the answer is as follows -

What is profit to the man of law is expence to the suitor: the object /subject matter/ /thing/ the same, the name only different /denomination above diversified/, according to person in /with/ relation to whom it becomes the subject of discourse. The difference is that of the money that on an occasion of this sort in the shape of expense goes out of the pocket of the suitor, it is not /seldom/ the whole, seldom more than a part that in the shape of profit, goes in to the pocket of the man of law.

This difference this deficiency is matter of misfortune to the suitor to the whole amount of it. The suitor lying altogether at the mercy of the man of law, the expence /expenditure/ actually imposed has in a great measure been created and imposed by him on purpose, for the sale /purpose/ of the profit to be extracted from /out of/ the expence /expenditure/. But as the quantum of the expence being created by the man of law, has been dependent upon his pleasure, though under this condition that no more than a certain part of it a certain proportion of it can in the shape of profit be swept by him into his own pocket hence it is that the suitor has every where in the hands of the man of law, the sovereign arbiter of his job, found himself in the situation of an unexperienced employer in the hands of a dishonest Architect, paid by a per centage in proportion to the expenditure: for every penny which the trustee puts /can put/ into his own pocket, he finds himself under the necessity of taking another or perhaps a /an indefinite/ number of others out of the pocket of the unhappy principal.

058-305.xml

Title: [26 Jan 1805 Evidence Securities]

Description: 26 Jan 1805

Evidence

Securities

Ch. Procedure Technical

''. Cause Lawyers Interests

It is the evident interest of the suitor, which is as much as to say of the public, that the mass of collateral inconvenience /delay, vexation and expence/, the avoidance of which constitutes the collateral /general/ end of justice and judicial procedure, should in every /be in each/ instance reduced to the minimum. It is the interest of law, that in every instance that disastrous mass, taken in the lump[?], be [...?] and extended /drawn out/ to its maximum. Not that by delay as such - not that by vexation as such - not that even by expence as such, he has any thing to gain: or any motive that should prompt him to [...?] the account of mischief: but between these three branches of the mischief so intimate is the connection, that no one can be extended or contracted, but the two others are more or less extended or contracted along with it: and between the expence of the suitor and the profit of the man of law, in his several branches there is that unfortunate connection that the profit can not be extended, but the expence must be extended more[?] in a less degree, most commonly in a much greater: and between an expence on the one hand, and delay and miscellaneous vexation on the other, this unfortunate connection is still more intimate.

Taking therefore the whole mass of collateral inconvenience together delay, vexation and expence, the relation in /which/ point of interest the man of law bears to /stands in/ the suitor, the man in /of/ power is the man subject to his power, has been pretty[?] much of a piece with that which the architect who is paid by a per centage stands in with reference to his employer: for every shilling of profit which he /a professional may/ puts into his own profit, he saddles his employer with some number of times the expense.

058-293.xml

Title: [24 March 1805 Evidence Securities]

Description: 24 March 1805

Evidence

Securities

Ch. Procedure technical

Thus it is that in the very nature of the case /things/ between the interests of the suitor, in other words the ends of justice, the legitimate ends of judicature, and the sinister ends of the man of law, the illegitimate ends of judicature, there is a wide and most unhappy difference, a strong and almost irreconcilable opposition: and the party /parties/ bound by the arrangements being altogether at the mercy of the author /authors of those same arrangements/, the consequence of this disastrous state of things, and the fate of the weak /weakness/ thus lying at the feet o the strong, may without much difficulty be deduced from the general principles of human nature: and whatsoever conception /inconception/ may thus be formed a person will receive but too ample confirmation from demonstrated experience.

Vexation and delay (understand vexation distinct from and superadded to expense) are in conception distinguishable from expence: but in reality so intimate is the connection between the three modifications of the inconveniences /mass/ attached to judicature that a portion of either will seldom be produced, but a /that a fresh/ portion of each of the other will be found adherent to it. Of the nature /[...?]/ of this connection, more will be said in another place: at present,suffice it to bring to view /just to notice/ the existence of it.

Thus it is that to produce a given quantum of profit to himself, the man of law has found it either necessary or at least convenient to impose upon the suitor not only an expense to the same amount, but an expense frequently to a much greater amount, aggravated by a mass of inconvenience in the shape o vexation and delay, (not to insist upon the collateral vexations showered down upon third persons without number or licence[?]) to a state greater amount.