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[...?] June 1805
Evidence
Introd
Ch. Procedure Technical
''.4.2. on the part of
indigence.
''.4. - 2. On the part of indigence.
Mala fide litigation, though so naturally the instrument of oppressive opulence, is not uncommonly, perhaps still more frequently the separate resource of dishonest indigence: for the technical system, with its factitious expence, is alike favourable to improbity in every situation. the difference in this case is, that the assistance /advantage/ to improbity is derived not directly from the factitious expence, but from the factitious delays connected with it, and flowing, as above explained, from the same corrupt source: to oppressive opulence the expence is an instrument, and the only instrument: to dishonest indigence so far from being an instrument it is of course an obstacle; unless in the case where it happens to find equal or greater indigence on the other side.
In this case, whether in the hope of final escape through /by/ misdecision, to be produced either by fallacious evidence /by want of evidence/ or by /from/ some of these sources in which the technical system is so abundant whether in the hopes of final escape, or for the mere advantage of respite, whether for the mere purpose of staving off the evil hour, or in the hope of anticipating /escaping from/ it by intervening /on the wings of/ prosperity, the malâ fide defendant lays hold the instruments which the technical system puts into his /offers to his hand/, and employs them for the purpose of gaining time /staving off the demand /day of doom//. By a forced loan, the force of which is borrowed of the man of law, the debtor borrows of his injured creditor against the end [...?] of the creditor and in spite of all his effort, that further time: he borrows it and what interest? Perhaps no more than a fraction per cent: perhaps some hundreds or even thousands per cent: the amount of interest being nearly fixed, and the amount of principal varying, ad infinitum, the rate of interest varies of course upon /throughout the whole range of/ that enormous scale.
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Title: [12 July 1807 (11) Letter V]Description: 12 July 1807 (11) Letter V III. Litigat. prevet. III. Directions for the prevention of malâ fide wrongs and eventual malâ fide defence on the part of a defendant combating for success through indigence on the other side. Take away all factitious expence and vexation: in case of necessity provide for the defraying of the necessary mass of expence at the charge of some fund other than of the purse of the indigent individual in each case. See below Directions concerning malâ fide Plaintiffs. IV. Directions for the prevention of malâ fide wrongs and eventual malâ fide defence on the part of a defendant combating for intermediate profit by delay. 1. Do away all such factitious delays as you find already established under and by the existing system: to do this you must substitute in every Court of judicature the natural system to the existing modification of the technical. 2. In regard to such facititious delays as even under the natural system it might be in the power of a defendant, malâ fide or even bonâ fide, to produce, be careful to take away, in every shape, all possible profit from the delay; and in particular so ordering matters, that whatsoever be the loss produced by the delay to the party on the other side, viz. on the plaintiff's, full satisfaction shall be made to him for it at the defendant's expence.
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Title: [9 April 1805 Evidence Introd]Description: 9 April 1805 Evidence Introd. Ch. Procedure Technical ''. Oppression Secured[?] In the prosecution of this plan of iniquity the sinister interest of the man of law has had for its natural ally, and ready coadjective[?] the interest of the mala fide suitor, in both his state as that of plff and that of defendant, and in all his shapes: the opulent oppressor; the needy profligate, who having a certain portion at command out of the couch of his forbears, chooses rather to employ it in purchasing the means of eluding /a licence for injustice/ /escaping from/ his obligations than in complying with /fulfilling/ the demands of justice. Indeed in the nature of this confederacy /[...?]/, the part taken by the man of law like that of the shopkeeper in relation to the customer must necessarily[?] be but secondary and passive. By the man of law a [...?] is filled up for the sale of two sorts of licences: to improbity coupled with if overbearing wealth a licence for the practice oppression an oppression licence: to improbity coupled with indigence, a licence for defrauding creditors of their due: - in a work a cheating licence. The nature of this natural partnership the connection between the two Co-partners - resembles (it may be seen) in a considerable degree that between the Receiver and the Thief and the Receiver of stolen goods. The Thief in his line[?] and the dishonest suitor in his are the active partners by whom the business is to be set a going. The Receiver in his line[?] and the man of law in his line these though not /by no means/ sleeping, are comparatively quiescent partners: what the Receiver furnishes /sells/ to the thief is the means of profiting by iniquity: what the Lawyer furnishes /sells/ to the suitor is the means of practicing it.
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Title: [15 June 1805 Evidence Introd]Description: 15 June 1805 Evidence Introd Ch. Procedure Technical ''.4.2. on the part of indigence At that variable rate interest, but, whether small or great in its relative /a/ quantity, always enormous in its /a/ absolute quantity, into whose pocket is it received /gathered/? Not into that of the injured creditor, but into that of the accomplice and instrument of the iniquity, the man of law. Behold The [...?] hypocrite, with hands and eyes lifted up /raised up/ to heaven, declaim /declaiming/ against rapacity in the person of the trader /creditor/, stamped /branded/ for the purpose with the name of usurer, while under the sanction of a foolish and antiquated law, rewards the salvation [...?] on the borrower by a fine imposed on the saviour to the amount of exactly three times the money lent /lent by him/ /so employed by him/. Generous /Virtuous/ indignation: but, where is the latent, the real grievance? that the price of [...?] has gone into the wrong pocket: while /mean time/ /at the same time/ the very suit which gives occasion /affords opportunity/ to the [...?] of all this zeal for justice, affords its profit to the right one to the official /sacred/ pocket to which the technical system had appropriated it. Certain it is, that whether the profit made by unlicenced oppressors or supposed oppressors be or be not an object of envy: licenced and licencing ones, certain it is that such is the destination of the price thus paid for delay, is altogether notorious /out of dispute/. What profit that ever fill into that sacred pocket, was ever matter /cause/ of real indignation, what miseries that ever were produced by profit so received were ever matter /cause/ of real sympathy, to the man of law?
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