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13 June 1805
Evidence
Introd
Ch. Procedure Technical
''.3.
Thus much having been said in regard to a certain rank of ends: we proceed to ends of a higher order, in the astrological scale, such ends as with relation to those others, operate /stand/ in the character of means.
Under the head of natural procedure, we have seen that course of inquiry /those principles /dictates/ of common law/ by which the three grand objects of judicial enquiry are compressed[?] and compressed[?] as one, bringing the truth and the whole truth to light, bringing it to light at the earliest possible period, and in the purest state: the termination /goal/ end of the cause /suit/ either reached at one bound, or at the worst the whole course /future/ of it marked out and delineated /brought to view/, as in mass by reciprocal allegations, examinations, admissions, [...?] and explanations: all, under the /with the benefit of the/ same security in respect of truth /against mendacity and temerity/ s that which is wont to be applied to men in the character of witnesses: all without any need or use, unless in here and there a particular instance, of the expensive assistance /burthensome, and in a general view necessarily treacherous assistance/ of a set of labourers acting together under the impulse of an interest opposite to that of their employer.
In This scheme of things traced out by the hand of Nature by the light of common sense was /the man of law beheld/ an inseparable obstacle to the designs of the man of law /his plans/: it was necessary at all events to get rid of it, and replace /replacing/ it by a system as opposite as possible.
For this purpose, three fundamental points were to be accomplished /gained/ in the first place at the expence of suitors.
1. To shut the door of the House of Justice in their face.
2. To have it open at the same time to such persons as should present themselves in the character of their [...?] assistants and substitutes: thus forcing them into the hands of plunderers /a set of licenced depredators/, with whose sinister interest lives of the Judge, the author of this violence, was tricked by the ties of a sort of partnership, not the less close but the closer, for being dormant.
3. To substitute or superadd /preface/ to the viva voce explanations of the natural system a mass of useless - as if worse than useless writing, and that of course as long as any pretense could be found for making it.
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Title: [3 April 1805 Evidence Securities]Description: 3 April 1805 Evidence Securities Ch. Procedure Natural ''. Leading features In this system four principal distinguishing features demand our notice: it is to these /them principally/ that it stands endebted for its exclusive conduciveness to the ends of justice. 1. In case of mendacity, the /a/ party is as much exposed to eventual punishment, as any extraneous witness. In the domestic procedure /system/, all are alike subject to /embraced by/ the power of the Judge. 2. Both parties facing one another in the presence of the Judge, each part of any mendacious /of any false/ allegation be altered[?] by him, and the mendacity of it be apparent or deducted, stands exposed to present shame. 3. Both parties facing one another in the presence of the Judge, each party is subject to vivâ voce examination by questions put to him at the instant, as well by the adverse party where there is one, as by the Judge: questions the object and tendency of which, in case of any deviation from the truth, is, by means of the answers thus extracted to bring it to light; in case of any deficiency produced by the suppression of any part of the truth in which the justice of the classes depends on either side, to supply it. /cause it to be supplied/. 4. Each party, seeing if for his advantage to which at the very outset the best case possible, because upon the then apparent goodness of his case would depend the reception thus given to his claim, each would naturally, and in general at that first stage do his utmost to bring to view in its fullest extent so much of the case that is of the facts or supposed facts contained in it, as were favourable to himself: and as all the facts belonging to it would be favourable either to one side or the other, by this means, between both, the whole of the case would thus, at that first stage, as far as depended upon the parties be brought into view of the Judge: and by the admissions made in each side at this first stage, all mendacious denials[?] running counter to such admissions /operating in extend [...?]/, would be barred.
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Title: [4 July 1805 Evidence Introd]Description: 4 July 1805 Evidence Introd. Jurisprudential Ch Dormant Reports In England at any rate a well-known and still existing rule of law (as well known as it is in the nature of a rule of jurisprudential law to be) forbade the publication of those memorials: forbade, that is to say not absolutely, but conditionally viz: unless a licence shall have been obtained, a licence which is never applied for, it being universally understood that it would all be given that any such application would be to no purpose. The number of instances in which, since a certain point of time that rule has been transgressed, given the number of books of Reports that have been published since that point of time have been made public. In England, in the case of statute law, the number and nature of the new articles or rules of law established within a given period, depends upon three Estates: the King Lords and Commons. In the case of jurisprudential law, the number and nature of the new articles or rules of law established within that same period, depends not at all upon any of those three estates, but altogether upon two others: viz a lawyer and a bookseller: a briefless lawyer and an adventurous bookseller. The Lords are chosen by the King, the Commons by the people: the lawyer and the bookseller are chosen by themselves. Note (a) (a) To contemplate the embryo spirits in their passage to bodily assistance was among the elysian[?] amusements given by Virgil to the dead father of [...?]. A corresponding amusement, in relation to each lately dormant and now wakening spirit of the laws, is enjoyed, under the auspices of the Bookseller, by the Corrector[?] of the Press[?].
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Title: [4 July 1805 Evidence Introd]Description: 4 July 1805 Evidence Introd. Jurisprudential Sources Dormant Reports The main end /object/, the main professional and official end /object/, is or rather was, the perpetuation and extention at least the perpetuation of uncertainty and confusion. So long as that is secured /treasure[?] /blessing/ remains unimpaired/, (and surely there is nothing in these dormant Reports /successive influences/ that can impair it) every thing besides[?] is of little consequence. And when indeed even[?] the confusion has swelled to a certain pitch, to a pitch which leaves neither hope nor fear of remedy, the perpetuation of it ceases to be an object, and whatever little additions or defalcations it it remains susceptible of, [...?] observation or are regarded with indifference. It is the suitor and he only that, on this as on every other occasion, bears the burthen of the inconvenience that flows from the disorders of the law. On the faith of such rules of jurisprudence appear applicable, and to professional men in general accessible, a lawyer gives an /his/ opinion, and the non-lawyer brings his suit. The suit having run itself on to the last stage, out comes a dormant report, a precious[?] manuscript, in which it is discovered that the action will not lie. The plaintiff's hopes give place to disappointment; but lawyers of all such hue[?] had their [...?]. Had the manuscript been in print, the action would not have been brought. Had the manuscript never been in existence, the action might /would/ have been brought or not, according as fortune were favourable or adverse /in a good or ill humour ran towards the fraternity of the law/. The existence of these dormant Report books are so many massess of dormant law; as in effect compleatly so, so many massess of Statute-line to the same effect /proposal/ would be. What if so many Statutes, after having passed both houses were left to depend for their force and virtue upon the fiat of a bookseller? The negligence would not be more compleat. Neither neglect would be more unreasonable, neither more pernicious in its consequences, than the other. But the one has, the other has not, custom to protect and sanction it.
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