16 June 1805

Evidence

Introd

Ch. Procedure Technical

''.6 Minor advantages

Two advantages though of minor /subordinate/ importance are too material /not/ to be omitted /mentioned/, though the relation they bear to the system is perhaps rather that of consequences than that of final causes

1. One is the advantage of doing ones business in good company: in select company of intimates, having the same /connected by identity of/ interests, affections, ideas, manners: these too in a state of subordination and dependence in relation to the Judge. In such company, from such courses whatever matter comes to be presented, will of course be presented in a form the smoothest and most acceptable that can be devised.

Another is the negative advantage of not being obtruded upon by bad company: a short phrase for a numerous and miscellaneous list of negative advantages, amongst which is that of a mans not being obliged /escaping/ /being exempted/ to hear abundance of things /discourses/ which it might be inconvenient to him to hear, to see abundance of sights /things/ which it might be inconvenient to him to see: [...?] and spectacle of woe, misery in all its forms, scenes of [...?], from which his profit is extracted, and to the depth of which it is proportioned.

But that from any sympathetic failings that could be executed[?] /executable[?]/ by such objects in such experienced breasts might not find fortitude sufficient for their endurance, but that inasmuch in whatever a man know, he would at the same be known to know, dissatisfaction might chance to be excited in the minds of bystanders as well as parties /suitors/, from the observation /reflection/ should it happen to them to observe /consider/ how efficient a part in the aggravation or production of the discourse was taken /borne/ by the hand professedly occupied in the application of the remedy. Whatever mischiefs it could be inconvenient to him /a man/ to prevent, much more those that /to which/ it is convenient to him to give birth /produce/, no more facts of understanding /as backward to comprehend/ how inconvenient it would be to have to be so much as suspected, much more to be known, to know.

The [...?] of professional lawyers, one believed another, serve[?] s so many serves which prevent the light of unwelcome truth from being seen to reach the Judge's /great man's/ eyes.
Similar Items
  • Title: [1818 April 17 Parl. Reform Bill]
    Description: 1818 April 17

    Parl. Reform Bill

    Reasons

    1. Election Districts

    III King to appoint

    9

    9

    The existing President of that ever illustrious and at one time constantly /while science was in its infancy so constantly/ useful body is scarcely more conspicuous for that urbanity with which all votaries of science are received and that liberality with which the one of his vast treasures is communicated, than for the least favour with which he has always been armed the proscription kept /vengeance prepared/ in secret[?] for those subordinates in office whose presumption shall have led them to declare an opinion different from that of their superiors, at and upon his decease, his failings will be much more likely than his virtues to descend to his successor. be the successor who he may his failings will be found much easier to copy /of adoption/ than his virtues. {his failings will, without danger of being dashed[?] by recovery be found entailed upon his successor, and with very little chance of finding an heir-loom in his virtues.}

    (a) Insert here Banks’s[?] letter to Musket; with an introductory passage exonerating him from the imputation of having communicated it.

    The following letter may serve as a specimen. By what accident it fell into my hands it is not necessary to state: what is at the same time requisite and sufficient is to say that it was not with the privity of the person addressed by it to whom it was addressed – that I never had any communication with him – that he knows not of the use thus made of it, nor did he ever[?] know of its being in my hands.
  • Title: [14[?] Jan y 1810 Note Ch.11]
    Description: 14[?] Jan y 1810

    Note

    Ch.11. III. Seat-selling

    '.2. Anecdote - Trust

    23

    3

    14 Jan y 1813 Inserendumne?

    I speak from confessions made by him to intimates - made by him, and not altogether without uneasiness. For he left it to such reverend persons /divines/ as the Reverend D r O'Meera, and the Reverend Sidney Smith A.M. to substitute to confessions, professions such as those made by the last mentioned of those two reverend divines, when by way of setting himself right in the opinion of the public after the /in answer to certain/ strictures made upon his sermons in a Review he takes occasion to declare

     Here quote the words

    Suppose now that in the purchase of two benefices, equal the both of them in emolument and dignity, these two reverend gentlemen, having been both of them successful, the Irish Divine had paid the price proposed by him to have been paid /for his benefice/ in money for his benefice, and the English in another sort of coin /a coin of a somewhat different stamp/, viz in the coin paid for it by the publication of such declarations and professions: - which in the eyes of those who may have the honour of numbering themselves among their respective intimates would the bargain be at the long run the most advantageous? A question this which might serve for giving employment to the casuists. /such casuists as/
  • Title: [21 Aug 1804 Procedure Note]
    Description: 21 Aug 1804

    Procedure

    Note Coke

    Ch. Non-homologation

    One of Lord Cokes maxims is that whatsoever is against the rule of law is inconvenient (see Litt ''. 722) This being admitted the argumentation ab [...?] can never be wanting to any rule of law can never on any occasion be wanting to any /the/ Judge. He lays down the rule - whatever rule he pleases: should any decision be pronounced or proposed that would go counter to this rule, his rule being a rule of law, the decision in question, being in [...?] /opposition/ to that rule is thereby proved to be inconvenient. Let him /a Judge/ lay down what rule he pleases - let him pronounce what decision he pleases - it can not be otherwise than a good one. This much must be acknowledged - that a maxim more convenient than this for Judges, can not be so much wished for by any Judge.