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3 March 1804
Evidence
Securities
Ch. Procedure Technical
Falshood encouraged by
Law Agents for want of
confrontation
After stating the power[?] of the law arising clearly out of the facts, and so no [...?] taken.
From the hands of the advising Counsel, after returning through those of the Attorney, the statement /business/ goes into the hands o a third sort of lawyer, called a Special Pleader: and from him is bespoken, what is called a Declaration - a claim adapted to the facts so stated, and either explicitly or implicitly continuing the allegations requisite to the support of such claim - allegations by which, though in a general form, the substance of these facts is reasserted /again asserted/. At this stage at any rate the responsibility would be compleatly gone, if that which was compleatly gone already could be more than gone. With the bulk of the statement or any part of it the Special Pleader has no more /concern/ to do, than the ironmonger who sells a hatchet has with the sobriety of the smelter who helped to extract the iron from the ore.
Similar Items
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Title: [3 March 1804 Evidence Securities]Description: 3 March 1804 Evidence Securities Ch. Procedure Technical Falshood formed by Law Agents for want of confrontation Sooner or later - either in the shape of a Case for an Opinion, or in the shape of a Brief, containing Instructions for the Trial the statement goes /passes/ from the sort of lawyers called an Attorney to another sort of Lawyer called a Counsel: and in /to/ the general of falshood /mendacity/ the assistance of this sort of lawyer is secured, by an interest which if it be not of exactly the same shape as the preceding, is at any rate fully adequate to the production of the effect. At this stage, happily /most commodiously/ for this branch of the profession, every idea of responsibility in respect of the truth of the statement, is compleatly vanished. The truth of the statement is in this quarter to be taken for granted: it would be officious, impertinent, troublesome to both parties, unusual, repulsive, incidious, repulsive, and thence even disreputable to doubt of it. It would require a degree of time and attention, which in the habitual course of practice no Counsel in considerable business has it in his power, had he it ever so much in his inclination, to bestow. In the estimation and good will of his Clients of both classes, Attorney and party, the Counsel rises in proportion to the degree of confidence with which he adopts and insists in the truth these statements in which on one side or the other, not to speak of both, there is almost always more or less of falsity, and of such falsity as any man in his place might see through /discover/, if it were his wish to do: a falsity, of which in a general point of view he may therefore be pronounced conscious. In the estimation of those on whom his emoluments and prospects depend he will rise /raise himself then/ in proportion to the zeal with which he exerts himself to gain evidence for this falshood /these falshoods/: and by such zeal there is no one in whose estimation he will lower himself.
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Title: [13 Apr. 1805 Evidence Securities]Description: 13 Apr. 1805 Evidence Securities Ch. Procedure Tech. Engl. Law '. Oppression licenced Whether the Declaration (the result /produce/ of the sham appearance substituted to the real one) be in respect of the facts /matter of fact/ alledged by it be true or false, the sequel is equally secured /sure/ viz. the obligation on the part of the defendant to go on with the cause, or take upon /submitt to/ him the burthen due or undue which it is the object of the demand to impose upon him. Be the demand therefore ever so compleatly unfounded either in law or in fact, and on the part of the plaintiff himself ever so fully understood to be so, if on the part of the defendant is either unable or unwilling to oppose it - /there be a want[?] either of the ability of the inclination necessary to go on with the suit - (to carry it on to the period at which the Judge for the first time takes real cognizance /permitts a syllable to be said to him on the subject/ of it the effect of the demand is alike /equally/ secured. But a certain portion /part/ of the people /to persons in a certain condition in life/ as in a condition which deprives them altogether /compleatly/ of the ability /possibility/ of carrying on a cause to this period: is compleatly wanting and in this condition are /is/ the vast majority of the people. In this condition there are the vast majority of the people placed by the mere substitution of the technical system to the natural - of the technical system in its least oppressive form, and without the addition made to the yoke, as will be seen presently, by the instance /head/ of special pleading. A sure mode /method/ /[...?]/ of oppression, instituted by authority, and at the price /at so easy a price as that/ of a lie, and that exempted not only from punishment but from shame, + the faculty of exercising[?] the opposition put into the hands of every man who is at the same time rich enough and unscrupulous enough to practice it. + for the declaration is the joint and regular act of the Attorney and the Special Pleader, nor is it are looked at or so much s heard of unless by accident by the party in whose discourse it purports to be
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Title: [11 June 1805 EVID. B. Securities.]Description: 11 June 1805 EVID. B. Securities. Ch. Procedure Technical. S. Nor confrontation. Falsehood encouraged by law Agents for want of confrontation. 1. English law, incouragement to mala fide suits and defences by the multitude of Law-Agens interposed between the party and the Judge. 2.
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