date

13 April 1805 Evidence Securities
13 April 1805

Evidence

Securities

Ch. Proced. Techn. Engl. Law

Oppression licences

Of the picture thus given of the judicial system /existing system of judicature/ what is the practical result? Insurrection? no nor so much as resistance. Resistance? no nor so much as the slightest relaxation from the habit of submission and obedience, active as well as passive, on all occasions and in all its forms. In what degree if in any /In this department as well as in every other/, the welfare of the people /governed/ even the original object of the rulers /governors/, is a matter /question/ of pure and even useless theory: the true question of real importance, is - in what degree it has been the result.
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  • Title: [13 April 1805 Evidence Securities]
    Description: 13 April 1805

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    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.
  • Title: [19 April 1805 Evidence Securities]
    Description: 19 April 1805

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    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/.
  • Title: [30 Jan y 1805 Evidence Securities]
    Description: 30 Jan y 1805

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    Ch. Engl. Proleg.

    The rules by /in/ which the [...?] [...?] ultra[?] of perfection in this line stands expressed, have above been brought to view. the rules claiming the performer[?] in favour of vivâ voce examination expressive of the plan to be observed in relation to it. ( ) These rules, in so far as concerns /as to/ the fundamental points of the plan as to every thing but a few /here and there/ incidental points of imperfection easily corrected, are /constitute/ /are no more than a/ the exact delineation /picture/ /correct copy/ of that which for shortness may be termed the English System.

    Custom, produced and supported by a mixture of professional interest and party[?] prejudice, would find an equally short and more particular mode of expressing the characteristic features of this system by looking /seeking/ for a denomination for it in the Trial by Jury, and regarding /considering/ it as an inseparable accompaniment of that mode of judicature. But the plain truth of the case is, (examples in abundance will manifest it so to be) is that its connection with the species of men's[?] internal so comprised is purely accidental, and that a much more advantageous /perfect/ opinion of it may be seen in those affectedly disposed but most useful of all non-penal tribunal, stated Courts of Inquests but more commonly Courts of Conscience.

    Note

    ( ) viz: Rules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17