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30 Jan y 1805
Evidence
Securities
Ch. Engl. Proleg
''.1
If the use made in England of the English System of procedure in respect to evidence had had English wisdom for its origin, that same wisdom would have bestowed on it an universally extending application without any other exceptions than what were suggested by so many specific and appropriate reasons: in a word this superior wisdom, the existence of which is thus assured[?] their [...?] if in the way of supposition would have operated with the same[?] regularity and comprehension /regular and comprehensive efficacy/ as the really existing inferior wisdom from which the Roman System took its birth. But the multiplied, the diversified, and in every instance groundless deviations /aberrations/ made from this ever conspicuous and ever acknowledged model /pattern/ of perfection, demonstrate but too plainly that if to any thing that can be seen be called wisdom /in any sense the national wisdom, it is not in any sense /degree// it is not to professional wisdom that it owes its birth, and that whatever reflection and industry has been bestowed upon it by men of law, has been occupied /employed/, almost without exception not in the preservation and improving /preserving and improving/ it, but in defaming it in injuring it, and rendering it in every instance less conducive /adapted/ to its professed and only proper end.
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Title: [30 Jan y 1805 Evidence Securities]Description: 30 Jan y 1805 Evidence Securities Ch. Engl. Proleg. ''. Bad Procedure Causes 4. The boundless made ever increasing immensity /[...?] texture/, and /[...?] texture /situation/ /arrangement/, and unascertainable [...?] and/ consequent incomprehensibility of that system /body/ of institutions the comprehension of which though impossible is artfully and plausibly as well as artfully stated as a necessary preliminary to any attempt to sit in judgment or its fitness /the fitness of it in any part/ in relation to its professed end. 5. The impossibility or the openly declared, and secretly [...?] /continually encreased/ impracticability in this part of all men with a few exceptions in respect of an acquisition with these expressions /arrangements/ of will, for the non-observance of which ignorance is no excuse, is never admitted as an excuse. 6. The nature of the medium through which above any such imperfect instruction /acquaintance with the system/ as is not absolutely[?] unattainable is to be obtained: the [...?] given of it, by a set /class/ of men, who seeing it /[...?] - its as/ /prompted by interest and enabled by power/at [...?] their interest and their power to keep it in as bad a state /short of /distant from/ perfection/ as possible are by the irresistible force of the same interest engaged to represent it as standing as near as possible to the point of absolute perfection and accordingly are never seen to mention of it but with a determination to exaggerate its excellence /good point/ to cancel its defects, and by rendering the one indistinguishable from the other, extinguish in the minds of their pupils and their dupes, the losses, and if possible the very wish to see it in any part, + less adverse than it is to the true ends of justice. +less pregnant with abuse and misery
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Title: [30 Jan y 1805 Evidence Ch.]Description: 30 Jan y 1805 Evidence Ch. Engl. Proleg. ''.1 In giving to the system the denomination of the English System, I had no other view than that of applying to that purpose a notorious and simple matter of fact. National attachment had no share in the bringing to view a matter of fact which will /may/ be seen to afford so little cause for national exultation /pride/ /self esteem/. The plain truth is that in this part of the system of established procedure, nothing more is to be seen than a fragment /a fragment preserved rather by accident rather than degree[?] /fortune rather than by wisdom//, a pretious[?] fragment of the system of natural procedure - of domestic procedure of that mode of procedure which common sense dictated from the first still continues and never will cease to dictate /present/ as the plan proper to be pursued, and which accordingly is pursued in the bosom of every private family in that sphere of interest which Nature has set up /established/ in the district /demesne/ of every family, by the head of the family, as often as occasion calls for the exercise of the unpleasant but sometimes necessary function of sitting in judgment on the conduct of any of its members /subordinates/. If the characteristic features of it are still perceived in the Trial by Jury /procedure/ in that system in the construction of which, together with the abuses with which it is covered, the cult[?] of lawyer craft have had so large a share, it may be sure in much better prosecution in the procedure of these tribunals, within the /whose/ pursuits of which the professional man of law has been unable or has disdained to penetrate /intrude himself/.
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Title: [30 Jan y 1805 Evidence Securities]Description: 30 Jan y 1805 Evidence Securities 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
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