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26 Jan 1805
Evidence
Securities
Ch. Procedure Technical
''. Cause Lawyers Interests
To say then that in the construction of the fabrick of procedure the interest of the suitors which is as much as to say /and of the public or in either event/ the due administration of justice was really /in fact/ the object of the constructors, is as much as to say that the object of Octavius before, during or after his triumvirate, was the welfare /happiness and tranquillity/ of the Roman world, or the object of the Roman invasion, the happiness of the people of England. From the success of that invasion, in conjunction with millions of other causes come the existing British constitution, with its attendant blessings. But it may be asserted, with little of any abatement or modification, that those blessings even as much /fully/ in the contemplation of the fortunate Roman, as the benefit of the suitor was in the wishes and intentions /intentions and aims/ of those venerable personages by whose successive labours the system of English procedure has been moulded into the present shape.
The stakes[?] of the Judge /A Judge it may occur/ is one; that of the Advocate, another; that of the Agent, a third. the system /fabrick/ of procedure is the work not of either the two latter, but of the first exclusively: not of those whose conduct is regulated by it, but of those who rule it. True: but without speaking of the present state of things /present times/ which is not here in question, speaking only of past times, in which the foundations were laid, and the state of the architecture determined /plan determined/ /settled and arranged/ - so it has been /was/ these interests, howsoever nominally distinct, have really been if not inseparable, undiscerned[?].
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Title: [19 April 1805 Evidence Securities]Description: 19 April 1805 Evidence Securities Ch. Proced. Techn. Roman[?] Ch. or ''. . Technical System - Roman Law. In the Roman nation as in every other, the natural system must have been /preceded/ in use before the technical: for the technical system supposes writing, and the art so common as to have been converted into a trade. Accordingly, for a long time down to a considerably advanced period of Roman history, the presence of the parties, of the plff at least was indispensable. At one time justice was the object, and then the Judge would + do nothing unless the parties were present: in process of time the profit of trade became the object: and then he would not hear them so much as suffer them to come into his presence /in his presence/.
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Title: [26 Jan 1805 Evidence Securities]Description: 26 Jan 1805 Evidence Securities Ch. Procedure Technical '' Cause Lawyers Interests ''. Cause of the deviations of the technical from the natural system - sinister interest of the men of law. All systems /every system/ of procedure, having lawyers for its authors, has of course in so far as the authors /workmen/ were at liberty to be [...?] by their own /particular/ interest in the construction of the work, had the promotion of that interest for their main object or end in view. If the [...?] administration of justice, that is the fulfilment of the promises made /engagements taken/ by the substantive branch of the body of the law, had any concern in the business the interest of the community in respect to the fulfilment of those engagements, it has been only in the way of practice, and in the character of a collateral and misintended[?] /scarcely intended/ though happily in some /a considerable/ degree an inseparable result. So far as the paths that led to the public object /interest/ and the sinister path that led to the private and professional object happened to coincide, in so far the public object would in this state of things naturally be pursued: so far as there are[?] any want of coincidence between the two courses /paths/, the public object would be sure to be sacrificed /made a sacrifice/, in so far as the state of the public mind times admitted of such sacrifice. Whichever of the two rival systems we were to look to, the Roman and the English, we should find the state of the times /public mind/ favourable in the highest /a very high/ degree to all such sacrifices. In both instances, the work has been not least in the way of statute law even[?] [...?], but hammered out and patched together by almost [...?] degrees, during a course /in the course/ of successive ages, and with little or no check from any capacity of superintendence on the part of that public for whose use the article was pretended to be made.
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Title: [26 April 1805 Evidence Note]Description: 26 April 1805 Evidence Note Ch 1. Ends ' 3. Procedure Branches Particular Ends Note (a) Instead of non-penal, it has been common hitherto to say civil: but in /from/ a work that aims at being understood, all locutions incompatible with that object just be discarded. Besides non-penal, the epithet civil as applied to law, is also just for non-military, non-ecclesiastical, and non-constitutional. In all these instances its signification, though disguised under a positive form /in its aspect positive/, is in effect but negative. In addition to these four negative significations, it has moreover one positive one: viz: that in which it is just to signify Roman: law that was in force among the antient[?] Romans, or any[?] one[?] modern law that was grounded or grafted upon that antient[?] law. By having been applied to so many uses, it is become altogether unfit for any: if that be true the best course therefore that can be taken with it is to discard it altogether. It seems indeed not very easy to say what use it was ever /was/ fit for: for civis means citizen member of a political community: civil law will therefore mean that sort of law in /with/ which the members of a political community have a concern: but what is the sort of law in which no member of a political community has a concern?
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