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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 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.
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Title: [30 Jan y 1805 Evidence Securities]Description: 30 Jan y 1805 Evidence Securities Ch. Engl. Proleg. '' Bad Procedure Causes Jurisprudence bad [...?] 7. The blind and abject veneration so carefully directed to jurisprudential under the name of common law in contradistinction to statute law: to a species of law in /the formation of/ which particular analogy is the chief guide, in preference to a species of law in which utility is at least the only professed guide: to a species of law formed in other times - in preference of a species of law capable of being formed in present times: to a species of law made /formed/ in dark[?] times to a species of law formed in comparatively enlightened times: to a species of law in /the formation of/ which the representatives of the people had no share to the prejudice o a species of law in the formation of which the representatives of the people have a principal share - to a species of law mixed up with acknowledged /defiled in /throughout/ its whole texture by/ lies and nonsense if any where to be found, are at least not suffered /admitted/ to enter any where but through inadventures. to a species of law of which the times being no where, the prospect is effectively and universally /perpetually/ unascertainable! in preference to a species of law of which the times, will as all expressed /conceived/ is to be seen every where /day/ by every body to a species /in a word[?]/ of law in which beaten by /unavoidable blows are employed/ instead of words, and of which the acknowledged quintessence of iniquity, the characters if in ex post facto law, are the characteristic offence, in preference to a species of /that paternal/ law, of which the avoidance of every thing that savours of that abomination is the final and constant care. + which punishes or Taken without warning, that for this /[...?]/ view of the punishment Sempronius may form a law to himself at his peril,
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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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