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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.
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Title: [15 June 1805 Evidence Introd]Description: 15 June 1805 Evidence Introd Ch. Procedure Technical ''. Ulterior means The technical system in this its essential points being introduced /established/, the next object of consideration (in explanation at least posterior though in truth and operation perhaps simultaneous /[...?]/) the next object in consideration at least is by what means /ulterior arrangements/ /subordinate principles and arrangements/ the advantage gained by it was to be made the most of. Direct and ultimate object, making fees: intermediate object, making business, viz: such business as by affording an occasion or pretence, shall be conducive to the making of fees. Let us have enumerate[?] some of the most extensive, fruitful, and in other respects most remarkable, resources /expedients/ which have been under the technical system having been productive of that advantage may naturally be concluded /inferred/ to have either been opened or kept open to that end /in contemplation of it/. Encreasing the number of the operations performed and of the instruments exhibited and of the other operations of all sorts performed on the occasion of each suit, encreasing the length of those several instruments and operations, encreasing the number of hands employed about him, all these results are so intimately connected with each other by astrological ties /in the bands of astrology/, each of being with relation to the two others, at the same time cause and effect, whatever arrangement is conducive to any one of them, is at the same time conducive to the others /is conducive to them all/.
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Title: [Evidence 23 July 1805 Perversion]Description: Evidence 23 July 1805 Perversion Between the fabrication /sort of forgery/ attempted behind the custom, and the fabrication practiced upon the bench, there is again yet another difference. The source of profit is different in the two cases. In the case of the malefactor, recognised as such, the profit reaped by the secret, if any be reaped, is reaped from the individual false will in question, from the individual act by which that false will is /was/ /has been/ made. In the case of the Judge, and his practises in the iniquity, the source of profit is not confined to any one false will in particular, but the stream flows alike from all the suits in which with whatever success, at the instance of a false document, the making of any such false will is attempted to be procured. Not that of itself /Of itself however/ this source of profit is not productive enough, to satiate /satisfy/ the rapacity of the man of law. In another place this has been shown to belong to the number of cases in which he has contrived to provide for himself two opposite fountains of decision, so circumstanced /situated/ that from which of them he will draw his decision, /on each given occasion/ his response of the suits will be drawn, shall, previously to litigation /[...?], that is to/ appear sufficiently and uncognisable. In the present case to fan the fountain of technical perversion as above delineated, he has contrived to keep up in a state fit for playing /of/ /constant readiness/, the fountain of real intention. To draw from the one or from the other source is equally open to the revered Juggler's choice. In addition to the profit (of which nothing is ever said, by any body,) praise, whichsoever of the two sources it shall please him to draw from, is equally secure. At the different fountains altered two different virtues, eager /in readiness/ to crown their receptive customers /votaries/: at the fountain of trial intention, Liberality: at the fountain of Technical Perversion, Constancy: Constancy whose motto is stare decisis: Constancy the [...?] handmaid of jurisprudential Science.
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Title: [29 March 1805 Evidence Securities]Description: 29 March 1805 Evidence Securities Ch. Procedure Technical Between the interests of the suitor /man of law/ and those of the man of law /suitor/ between the interests of those /the architect, and the interest of the person/ for whose use and benefit the system was supposed to be constructed, there has been at all times but more particularly at the time when the first foundations of it were laid, a most decided and almost [...?] opposition. Like other architects, this sort of architect received or was supposed to take, a profit upon his work. This profit was not only, to a considerable part of it, if not the whole, so much taken from the suitor in the shape of expense, but it was so arranged /extracted / /in such manner extracted/ as to go on encreasing along with the remaining part of the aggregate mass of expence.
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