date

15 June 1805 Evidence Introd
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?
Similar Items
  • Title: [[...?] June 1805 Evidence Introd]
    Description: [...?] 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.
  • Title: [24 March 1805 Evidence Securities]
    Description: 24 March 1805

    Evidence

    Securities

    Ch. Procedure Technical

    Such has been the end, the sinister end to the attainment by which the generations of the man of law, the constructor of the technical system, as will be seen, have all along, but more especially at the commencement been directed. Such the sinister the illegitimate end of judicature: what then it may /will naturally/ be asked is its relation, whence its opposition to the straight, the legitimate ends of judicature, the ends of justice? The question is a reasonable one, and the answer is as follows -

    What is profit to the man of law is expence to the suitor: the object /subject matter/ /thing/ the same, the name only different /denomination above diversified/, according to person in /with/ relation to whom it becomes the subject of discourse. The difference is that of the money that on an occasion of this sort in the shape of expense goes out of the pocket of the suitor, it is not /seldom/ the whole, seldom more than a part that in the shape of profit, goes in to the pocket of the man of law.

    This difference this deficiency is matter of misfortune to the suitor to the whole amount of it. The suitor lying altogether at the mercy of the man of law, the expence /expenditure/ actually imposed has in a great measure been created and imposed by him on purpose, for the sale /purpose/ of the profit to be extracted from /out of/ the expence /expenditure/. But as the quantum of the expence being created by the man of law, has been dependent upon his pleasure, though under this condition that no more than a certain part of it a certain proportion of it can in the shape of profit be swept by him into his own pocket hence it is that the suitor has every where in the hands of the man of law, the sovereign arbiter of his job, found himself in the situation of an unexperienced employer in the hands of a dishonest Architect, paid by a per centage in proportion to the expenditure: for every penny which the trustee puts /can put/ into his own pocket, he finds himself under the necessity of taking another or perhaps a /an indefinite/ number of others out of the pocket of the unhappy principal.
  • Title: [13 April 1805 Evidence Securities]
    Description: 13 April 1805

    Evidence

    Securities

    Ch. Proced. Techn. Engl. Law

    ''. Oppression licenced

    A shape[?] for the sale of what may be called oppression-licences, licences conferring upon each purchaser the faculty of oppressing to the length of utter ruin, any one out of many millions of individuals at his choice, is kept open by the Judge under the name of a Court of Justice. Terms of purchase /Conditions of sale/, so much money; together with a lie to a certain effect: a lie from which all punishment under the name of punishment, and as far as possible all shame, not only of punishment but of shame, has effectually and to all appearance studiously, been abstracted. A system of regular oppression organized, the morals of the people corrupted, by a stream perpetually flowing into, or from /out of/ the highest grounds in the state to be carried into effect by a principle of corruption corrupting the morals of the people by the infusion of a poison applying itself to the most vital parts /of the [...?] frame/ - all for the benefit of its author - the maker and winder[?] - the man of law. Of the profit, one part flows in through various /a variety/ channels into the pocket of the Judge, by whom /whose authority/ after having been organized by him /his predecessors/ it is kept up, and on each occasion carried into practice. The remainder, under his instruction distributes itself, in a variety of proportions, among his friends and dependants - among a set of persons /[...?]/, some professional and some official - all more or less intimately connected with him by some tie or ties of interest or sympathy. But to gather in this profit, partly by his own hands partly by the hands of his /these/ connections and dependents, it is /was/ necessary that he should refuse ever to set eyes on a suitor, ever so much as to suffer a suitor to come into his presence, untill he has run the gaunteletts throughout through the whole lane[?] of these licenced depredators /plunderers. Such is his profit; such the price fixed upon it, and such the price he is content /not ashamed/ to pay for it.