date

30 Jan y 1805 Evidence Securities
30 Jan y 1805

Evidence

Securities

Ch. Engl. Proleg.

''.1.

The constitutionalist /honest but ill-deserving [...?]/ /The professional lawyer, with his dupes[?]/, whose views are bounded by the circle in which Whig prejudices and affections are inclosed - will scarcely without a mixt emotion of surprize and horror behold the object of their idolatry - the second Trial by Jury thus thrown into the back ground. In The emotion thus excited /raised/ /called[?] along[?] will put[?] a stimulus/ will be /operates as/ a stimulus by which their attention will be pointed to the subject, and rendered above to any misrepresentation /misrepresentation/ to the prejudice of the favourite system - should any thing of that sort be discoverable /to be found/.
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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
  • Title: [30 Jan y 1805 Evidence Securities]
    Description: 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.
  • Title: [30 Jan y 1805 Evidence Securities]
    Description: 30 Jan y 1805

    Evidence

    Securities

    Ch. Engl. Proleg.

    ''.2 Bad Procedure Causes

    That the honest reader, and more especially the reader whose social affections are yet warm, who /whose uncorrupt /susceptible/ mind/ is not yet past the swarm[?] of public virtue whose judgment /[...?]/ has not yet been led captive /enchained/ by the force of professional interest and personal ambition - may not be altogether without a clue of /psychological/ the psychological hand to facilitate his travels /guide his footsteps/ through the labyrinth of error /misgovernment/ about to open to his view, a few leading points /[...?]/ /facts/ shall in the character of causes be just mentioned without being at all insisted upon in this place. These are

    1. The professional /relative/ interests and situations of the class of persons in whose operations /to whose agency/ the system of procedure as well as the greater part of the substantive system of law has its rise - a set of workmen whose interest it is to make the work as bad as the ignorance and patience[?] of the employers will suffer it to be.

    2. In respect of the condition of the main body of the laws /government/, the want /utter absence/ of that responsibility which attaches upon particular functionaries in respect of particular branches, such as those of finance, political economy in general, and the administration of military [...?] and other channels of national defence.

    3. The total absence of encouragement, coupled with the abundance of positive discouragement under which the most important of arts and sciences and arts labours, in comparison of all others not excepting the most trifling and indifferent /the most trifling not excepted/