date

13 April 1805 Evidence Securities
13 April 1805

Evidence

Securities

Ch. Proced. Techn. Engl. Law

''. Oppression licenced

A shape[?] for the sale of what may be called oppression-licences, licences conferring upon each purchaser the faculty of oppressing to the length of utter ruin, any one out of many millions of individuals at his choice, is kept open by the Judge under the name of a Court of Justice. Terms of purchase /Conditions of sale/, so much money; together with a lie to a certain effect: a lie from which all punishment under the name of punishment, and as far as possible all shame, not only of punishment but of shame, has effectually and to all appearance studiously, been abstracted. A system of regular oppression organized, the morals of the people corrupted, by a stream perpetually flowing into, or from /out of/ the highest grounds in the state to be carried into effect by a principle of corruption corrupting the morals of the people by the infusion of a poison applying itself to the most vital parts /of the [...?] frame/ - all for the benefit of its author - the maker and winder[?] - the man of law. Of the profit, one part flows in through various /a variety/ channels into the pocket of the Judge, by whom /whose authority/ after having been organized by him /his predecessors/ it is kept up, and on each occasion carried into practice. The remainder, under his instruction distributes itself, in a variety of proportions, among his friends and dependants - among a set of persons /[...?]/, some professional and some official - all more or less intimately connected with him by some tie or ties of interest or sympathy. But to gather in this profit, partly by his own hands partly by the hands of his /these/ connections and dependents, it is /was/ necessary that he should refuse ever to set eyes on a suitor, ever so much as to suffer a suitor to come into his presence, untill he has run the gaunteletts throughout through the whole lane[?] of these licenced depredators /plunderers. Such is his profit; such the price fixed upon it, and such the price he is content /not ashamed/ to pay for it.
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  • Title: [9 April 1805 Evidence Introd]
    Description: 9 April 1805

    Evidence

    Introd.

    Ch. Procedure Technical

    ''. Oppression Secured[?]

    In the prosecution of this plan of iniquity the sinister interest of the man of law has had for its natural ally, and ready coadjective[?] the interest of the mala fide suitor, in both his state as that of plff and that of defendant, and in all his shapes: the opulent oppressor; the needy profligate, who having a certain portion at command out of the couch of his forbears, chooses rather to employ it in purchasing the means of eluding /a licence for injustice/ /escaping from/ his obligations than in complying with /fulfilling/ the demands of justice.

    Indeed in the nature of this confederacy /[...?]/, the part taken by the man of law like that of the shopkeeper in relation to the customer must necessarily[?] be but secondary and passive. By the man of law a [...?] is filled up for the sale of two sorts of licences: to improbity coupled with if overbearing wealth a licence for the practice oppression an oppression licence: to improbity coupled with indigence, a licence for defrauding creditors of their due: - in a work a cheating licence.

    The nature of this natural partnership the connection between the two Co-partners - resembles (it may be seen) in a considerable degree that between the Receiver and the Thief and the Receiver of stolen goods. The Thief in his line[?] and the dishonest suitor in his are the active partners by whom the business is to be set a going. The Receiver in his line[?] and the man of law in his line these though not /by no means/ sleeping, are comparatively quiescent partners: what the Receiver furnishes /sells/ to the thief is the means of profiting by iniquity: what the Lawyer furnishes /sells/ to the suitor is the means of practicing it.
  • 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
  • Title: [4 May 1807 Letter V VII. English]
    Description: 4 May 1807

    Letter V

    VII. English Review Chamber

    This £ │ │ being but from one of divers articles constitutes but a part of the profit made by the Noble and learned Custos Morum[?] upon each year of delay sold, from each debtor thus by the temptation held out to him by the official guardian of the public morals, converted into a sort of licenced swindler - from each customer thus attracted and drawn to the shop[?] and accomodated.

    1 Lord Kenyon still continuing in that high office, the Report was, along with the other Reports of the Committee printed for the use of the House of Commons: it was sooner after reprinted by itself and published for sale. The reflections suggested[?] to those real guardians of the public morals as well as of the public purse by this branch of trade are not dissembled. Here there at any rate is no want of notice.

    Since the time that the same high office has been filled by Lord Ellenborough, what the amount of the fes received in each year by the poor Clerk, and how they have been disposed of, Lord Ellenborough has it of course in his power, my Lord, to inform Your Lordship with the utmost accuracy.