date

26 Jan 1805 Evidence Securities
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.
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  • Title: [24 March 1805 Evidence Securities]
    Description: 24 March 1805

    Evidence

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    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.
  • Title: [10 May 1805 Evidence Introd]
    Description: 10 May 1805

    Evidence

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    Ch.5. Collateral Incidental

    '.6. Expence.

    Of the connection between vexation and expence, of the tendency which the former one has to change its seal[?] and transform itself into the other, mention has already /just/ been made. Of the impossibility of any exact /exactness of/ equipoise between the burthen and the compensation, and of the increase naturally /thence/ given to the burthen for the sake of /purpose of/ giving a correspondent but always preponderant /more than equivalent/ increase to the compensation, mention has also been made. In a practical view this theoretical connection - this [...?] connection is of /will be found to possess/ no small importance. In it we shall find the seed /germ/ of all that mass /torrent[?]/ of factitious evil with which the actual system /established Systems/ of procedure have almost every where been infected /drenched/ and overwhelmed.

    In this unhappy connection we shall find the differential character /characters/ of two opposite systems of procedure: one, the end and object /object and tendency/ of which is to reduce to their minimum these collateral evils as well as the direct evils of procedure, the other in which from /in/ the proportionable profit extractible from the other branches of the mass of collateral evil, not only that part /branch/ of the aggregate mass of evil has been carried to its maximum but amount of the direct branch has been augmented in a variety of ways.
  • Title: [28 April 1805 Evidence Introd]
    Description: 28 April 1805

    Evidence

    Introd.

    Ch 5 Collateral End incidental

    '.1. Connection

    Ch.2. Collateral Incidental Ends of the System of Procedure.

    '.1. Vexation, Expence and delay - connection between these evils - To each corresponds an end.

    Government is but a choice of evils. it is so in every department: /in every /no one of its/ departments does this essential /indelible/ character fail to adhere /cling/ to it:/ the judicial is /affords/ no exception /will be [...?] to the rule/. The good which the system of procedure aims at as its end - the fulfilment of the arrangements taken, the securing of the benefits meant to be secured by the substantive branch of the law - can not be attained - as not so much as aimed at - the evil opposite to that end can not be averted nor so much as endeavoured to be averted, without the production of a train and that [...?] and immediate one of other /factitious/ evils.

    Vexation, Expence, and Delay, under these names - these but too well known names - may all the immediate and sensible evils produced by the pursuit of the direct end or ends of procedure be comprized /reduced/.

    Under the more comprehensive head of vexation, may /might/ even the two other evils expence and delay, have, without any impropriety been comprized, nor would they on this occasion have been detached from the general mass, were it not that being on many /various/ occasions produced by different causes, they require different remedies.

    Expence it may be observed is but a branch, a species of vexation: the vexation produced by a particular cause: viz: the obligation of parting with a portion of the matter of wealth, without an equivalent: a species but a species which upon the face of it is easily distinguishable, and which for various purposes, as will soon be seen, requires to be distinguished from the [...?].

    Even Delay are[?] is in effect but an modification of vexation: it is vexation in any /whatsoever/ shape, considered as produced by lapse of time. Delay is, in effect but an elliptical expression, employed for conciseness to signify /denote/ vexation produced by delay. Take away the vexation, you deprive /strip/ delay of the quality by which alone it is rendered /becomes/ a modification of evil, mischief, or inconvenience.