date

25 March 1805 Evidence Securities
25 March 1805

Evidence

Securities

Ch. Procedure Technical

''. Security, proof

In the natural system of procedure, the law[?] of the greatest perfection but more particularly in the simplest /premature/ and finest mode of it, may be seen an[?] most important feature, which unless placed by itself /brought separately/ in a strong light, might be apt /be able/ to escape notice. This is the inseparable[?] bar it opposes, opposes at the very outset - to all malâ fide causes. By malâ fide causes understand not only malâ fide demands on the part of the plaintiff, but all malâ fide defences on the part of the defendant: on the one hand all demands on the other hand all defences, which are to such a degree /in such sort/ groundless, as that the party - the plaintiff in one case, the defendant in the other - can not but be conscious of their being so. Such is your demand, but on what grounds do you support it? On what article of law do you rely; as imposing upon one[?] in a case specified the obligation you call upon the Judge to impose upon me, and what facts do you say have happened, of a nature to bring one within that case? Such are the questions which a defendant of course would put to a plaintiff who conscious of the groundlessness of his claim should for the mere purpose of oppression seek to involve an adversary /his destined victim/ in the evils /[...?] [...?]/ of litigation. No: such questions would /no such questions would/ not be put: why? because for a plaintiff, or rather /that is/ a man who otherwise would /might/ have come forward /stood forth/ in that character - a man with such wishes in his heart, seeing /beholding/ in the structure of the system of procedure the impossibility of resolving them, would shrink from the contest /in the first instance - he/ - would never [...?] to /not have the courage to/ expose himself to encounter any such questions, from the lips /out of the mouth/ of an adversary, in the presence of a Judge, more especially if under the eyes of a surrounding audience /arch of spectators/.
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  • Title: [12 April 1805 Evidence Securities]
    Description: 12 April 1805

    Evidence

    Securities

    Ch. Procedure Technical

    ''.3 Objects ulterior

    Every suit that takes place is with reference to each of the parties either a bonâ fide suit, or a malâ fide suit. The uncertainty of the law is the instrument by which bonâ fide suits are brought into existence /The source of bonâ fide suits, is hath just been seen, in the unnotoriety source of bona fide suits/. To the existence of Mala fide suits on the other hand the notoriety of the law, as to certain points of it is requisite: - as to certain parts of it: viz: as to /in respect of/ those arrangements from /in/ which the suitor who is not only in the wrong but himself compleatly fully /compleatly/ conscious of his being so, may behold a certainty of success.

    Every suit that takes place is either a bon fide suit, or a malâ fide suit: and that with reference to each one of the parties /the party or parties on each side/. Under /To/ which of the two predicaments /descriptions/ the rest comes, /belongs, so as it do but exist,/ is in every instance a matter of compleat indifference to the man of law. The circumstance to which the distinction in this case owes its inheritance is - that different causes as will be seen are required for the production of the two effects. That in the causes requisite for the production /by which the production/ of these two effects is promoted, there is a considerable difference. Mean time

    1. A bonâ fide demand at any rate commences and pro tanto constitutes a suit: therefore it is the interest of the man of law requires that the number of bonâ fide demands be made as great as possible. First object of the technical system - to render the number of bonâ fide demands of bonâ fide suits being such on the part of the plaintiff or demandant - as great as possible.

    2. To the continuance of a suit, a defence is for the most part as necessary as a demand and the continuance of the demand. Second object of the technical system - to render the number of bonâ fide defences as great as possible.
  • Title: [10 April 1805 Evidence Securities]
    Description: 10 April 1805

    Evidence

    Securities

    Ch. Procedure Technical

    ''.3 Objects ulterior

    9.1. A malâ fide demand makes a suit as much as a bonâ fide demand: therefore, it is the interest of the men of law requires that the number of malâ fide suits /demands/ be made as great as possible. Third object of technical procedure - to encrease /render/ the number of mala fide demands. of mala fide suits being such on the part of the demandant /plaintiff/ as great as possible.

    10.2. A mala fide defence continues a suit as much as a bonâ fide defence: therefore it is the interest of the man of law requires that the number of mala fide defences be made as great as possible. Fourth object of technical procedure - to render /encrease/ the number of malâ fide defences - of malâ fide suits being such on the part of the defendant, as great as possible.

    11.3. The quantity of profit extractable, in a given space of time, from the aggregate number of suits, being given, it is the interest of the man of law that the number of suits carried on within that time should be as small as possible: since whatever labour is not attended with profit, is needless. Fifth object of technical procedure, to render as small as possible the number of suits carried on by those whose capacity of expence affords no profit, or inferior profit as small as possible: in other words to exclude as much as possible the poorer classes, that is the great majority of the people, from the benefit of justice: - to place the great body of the people in a state of perpetual outlawry. N.B. This effect takes place in a considerable degree, without the necessity of any exertions directed to this special purpose /specially directed to this purpose. The greater the quantity /quantum/ of expense created, the less the number of those whose circumstances enable them to support it.
  • Title: [12 May 1808 Ch.V. §.10 I. Reasons]
    Description: 12 May 1808

    Ch.V. §.10

    I. Reasons

    Ch.V. Advantages

    §.10. Malâ fide Defences ousted

    Ch.V.

    §.9. Malâ fide defences reduced in number.

    Correspondent to the defalcation made from the number of malâ fide demands, would be the defalcation made {by correspondent causes} from the number of malâ fide defences.

    Correspondent; but not equal: because ability to pay is not a necessary concomitant to the inability of averring with truth and safety the existence of a just man for not paying.

    In England the title of this effect to the character of an advantage would be still more precarious than that of the other which is so intimately stated to it.

    In England the emoluments of those exalted dignitaries, for whose sake men of inferior mould were created, depend in a still greater and more evident degree upon malâ fide defences than upon malâ fide demands.

    With the full knowledge of himself and all the other Judges, of the mass of emolument attached to the Office of Chief Justice of England, a portion amounting in the year 1798, to upwards of £1,400 a year was afforded by malâ fide defences in number between │ │ and │ │ in a year defences known to be malâ fide ones to the full knowledge of those venerable persons from whence a word properly addressed could have at any time been sufficient to put an end to this traffick if the abolition of it had been considered as entitled to the appellation of an advantage. In 1798 more than £1,400 a year: and now in 1807, £│ │