058-369.xml

Title: [13 June 1805 Evidence Introd]

Description: 13 June 1805

Evidence

Introd

Ch. Procedure Technical

''.2. Ends of the Technical

The final cause of the natural system of procedure is the fulfilment of the several ends of justice.

The first cause of the technical system of procedure is the promoting in every possible shape the personal advantage of the Judge and his associates.

To delineate the author of the plan of /of the course actually pursued by/ the system /For determining a person to a certain degree of correctness/ nothing more is necessary than to /we need therefore but to/ investigation and note down the results under the [...?] of which the interest of a man in the situation of the man of law will /would/ necessarily had him to wish to see come to pass: in other words, among the evils opposite to the ends of justice to note down such as are be under productive of profit to himself /personal advantage/, and the substance of the several arrangements which in the character of men's promise to be conducive to the accomplishment of these sinister ends.

1 Desirable result or end or objects of the man of law collected under one general denomination and thence placed in the most general point of view - extracting in every shape the maximum /aggregate/ of profit extractable from the whole number of suits of all sorts springing up of themselves or producible in the community in question within the /a/ given space of time.

2 The number of suits being given, and the quantum of profit extractable from each operation of a /and [...?]/ given length and from each instrument of a given length being given, the quantum of profit extractable from the aggregate of suits will be as the number of operations and instruments in each suit. Second object increasing the number of operations performed and of instruments made and uttered on the occasion /in the course/ of the aggregate of suits.

058-374.xml

Title: [13 June 1805 Evidence Introd]

Description: 13 June 1805

Evidence

Introd

Ch. Procedure Technical

''.3.

4. For the purpose of the discourses thus to be carried on by and between the parties through the endeavour of such their assistants to exempt them, one or both of them the force of these obligations /employment/ of punishment and terror, from those his which were at the same time to continue to be employed for the purpose of securing against mendacity and temerity the evidence of extraneous witnesses.

5. In the case of all such assertions on the part of either party, (in particular of the defendant, the party most generally interested in the production of delay) as of time, might in reality or in appearance have afforded a just and reasonable ground for ulterior instruments or operations, to give them, coincidentally without opportunity of disproval or contradiction, the immediate effect of [...?] on the part of one or other party or both the necessity of such ulterior instruments or operations.

By the former /forth/ arrangement, mendacity, in so far as the man of law was in the way of reaping his profit from it, was trained: by this fifth arrangement it was crowned: whatever profit it might aim at, was then secured to it. By the former false [...?] were permitted; by the latter being [...?] for true, they were encouraged and [...?].

6. Not to suffer so much the proxies of the parties to come to any explanations in his presence with relation to the facts in which the ultimate [...?] for the fall principally and ultimately in question on the cause, [...?] far as [...?] mass of operations and instruments had been interchanged between them of course a mass as large as there could be found in so sufficient pretence for making.

By this refusal a diverse number of [...?] were answered at once

1. He saved these his dominant partners from the obligation of presenting, and himself from that of receiving any of those explanations which if they could not have been kept had might have put a premature period to the cause.

2. By forcing them to perform their operations and before other eyes and present their instruments to their hands, he promoted the [...?] of the list of objects abovementioned, encreasing the number of hands through which the parties were to be made to save the gantlet for his benefit, 3 d So many offers as could thus be piled up, are upon another, take Offer upon Pelion[?], all out of the eye of the principal, so many sources and scenes of occasional misconduct, real or pretended, on the part of parties' Agents and officers, each [...?] every other, so many occasions for incidental applications to be made to him for redress, applications producing more instruments, more operations, with their inseparable fires[?].

In regard to each of these several contrivances a word or two of explanation or observation may be of use.

On the present occasion I give no other than the leading features of the technical system: those which contrast at first view with the corresponding features of the natural. In relation to those, what ulterior features there may be occasion to bring to view will be but so many fillings up of the outline traced by those more essential ones: or to change the metaphor, os many edifices erected in those broad foundations, so many dreams drawn from those copious sources.

058-396.xml

Title: [19 June 1805 Evidence Introd]

Description: 19 June 1805

Evidence

Introd

Ch. Procedure Technical

''. Exclusion of Parties

In proportion to the success with which the art of making business as above was exercised /practiced, as above/, in its several branches of encreasing number and length of instruments and operations, encreasing the number of the hands employed about them or making as if they were employed, it would naturally be more and more difficult for a suitor to be or so much as fancy himself to be, equal on this purposely roughened and broken ground, to the task of carrying on his own business. The more difficult therefore it became to the party to speak /address himself/ to the Judge to any effectual /useful/ purpose the more ready he would be to abandon the ground altogether to professional assistants who had made it the study of their lives to become, or to appear to have become acquainted with it.

As the art of business-making went on, the course /branch/ of procedure was converted into a kind of labyrinth, dark and dismall full of turnings and windings, many of them so contrived as to carry the unexperienced traveller back to the spot from whence he had set out, with not a few pitfalls, covered over with these coverings the deceitfulness of which was not to be discovered it at all, by any but well practiced eyes.

For the more effectual accomplishment of this desirable result obvious enigmas were contrived /constructed or kept up/, the principal /most remarkable/ and efficient of which will a little further on receive a separate consideration, in /under/ so many distinct chapters /heads/, under the heads of Irrelevant Decision, Fiction, Non-homologation or Jurisprudential law, Non-notification or Non-promulgation, and Non-digestion: all which acting, under which may be included, in so far as they were produced or accompanied by reflection, may be included negligences, may be considered as so many devices or heads of policy, sowing for the development, formation and /or/ protection of the technical system in a state[?] a more or less flourishing, all over the [...?], but no where, in some parts of it at least, a state of so [...?] maturity as in England.