date

4 June 1804 Evidence 1
4 June 1804

Evidence

1

Enquiry Mode

Ch.5. Objective 3. Impracticability

It is a maxim among lawyers, and I have found the most honourable and best respected as strongly impregnated with it as the hard can be, that a non lawyer a suitor is universally and radically incapable of understanding /[...?]/ his own business. The propsition is but too near the truth /has but too much truth in it:/ but the incapacity /but the fact/, whose wish is it? Not the work of nature, but /nature's but/ the work of the very class of men who plead it: they stop a mans /blow dust into mans //stuff a mans ///our/ eyes with dust, and then laugh him to scorn for being blind /insult him with the reproach of blindness/. Like astrologers they scrape together /make up //manufacture a/ a sham /gibberish/ science, composed /made up/ of falshood /lies/ and nonsense: and possessing the monopoly of their own produce, they add insult to depridation reproaching their fellow subjects for their ignorance: for their ignorance? of what? of a jargon which power alone indeed will [...?] can cover from contempt, but nothing but that ignorance and the imposture grounded in it, could ever have covered /screened/ from natural abhorences /unusual [...?] and abhorences/ //wants only to be known to/ be covered with /turned from/ abhorences//.
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    Judges, judicial Clerk officers, r[...?] [...?] officers called Sheriffs Advocates and Attornies of different descriptions and determinations: all consulted by habitual intercourse, all brought together by professional sympathy and bound together by mutual interest - all joined hands, made common cause and occupied themselves on plundering the suitors. The suitor being that one of course and all personal responsibility along with him, no lie too independent for the Attorney, or Advocate to utter - no[?] so too ulterior for the Judge to accept, and take for the warrants of his practice. At first useless writings were manufactured /false importance commonly by Judges committed to papers/ that the suitor might be /for/ charged: is security and with it [...?] encreased. The gibberish /jargon/ was not so much as written, but the suitor was charged for it at the same justice. Money was thus regularly obtained as false premises under the eye and to the profit, /found and [...?]/with/reduced to a system/ and with the approbation, and more that the approbation of the Judges. As to the suitor whose [...?], ignorance through [...?] - or if honesty had been known through honesty, should have omitted /or mismatched by truth/[...?]/ any established lie. In a case like these Judges were inexcusable: the miserable suitor lost his cause.
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    It being in the nature of magisterial procedure to require instead of a single witness examined at one sitting: viz: the trial, two or more witnesses, interrogated /examined/ at two or more sittings with intervals of uncertain duration between each, a professional lawyer, arguing from the nature of the case /a priori/, with allusions to the comparative delation of the system of procedure pursued in other countries, would have no bad case to make in this ground for the defence of existing abuse /mal-practice/, and the comfortable proposition that all improvement is radically impossible. Unhappily all this fair argument /theory/ /magnificent edifice/ falls /crumbles/ to dust at the sound of a single allusion to experience. The cause /sorts of causes/ in which investigatorial procedure has place, are precisely those which are dispatched /receive their decision/ in the shortest space of time. Where investigatorial procedure has place (I speak of felonies) the same cause has been known to be begun and finished in the same day. The causes to which it does not extend - the Equity causes - are the hereditary causes, which like the gout and other disease, extend from generation to generation, filling with bitterness the cup of each mans life. In time indeed, but not by time alone, is business done. And moreover the causes thus marked as the most expeditious are moreover the most important of all causes.

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  • Title: [12 June 1804 Procedure (4)]
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    ' Consequences and causes of the deviations made from the natural and domestic course of procedure.

    What would be folly /a rash[?] [...?] madness/ in a family, can never be wisdom in a court of justice.

    The Master Mistress of the house when she wants the house-maid to if she wants //wishes for// a fire/ wants the House maid called to light it, little thinks of /prefacing/ does not preface the order with any such supposition /declaration/ of his being at that moment locked up, locked up by nobody and for nothing and the [...?] to [...?] locked up in the coal-hole. If she wants a fire to be made it never enters into his conception to order for dinner[?], she does not send the kitchen maid /her own maid or any maid/ up into the garret to mumble to herself a parcel of dog-Latin or the translation of it, five times in as many days, and ten turn the idea out of doors for not never having heard it

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    Exhibited in the bosom of a family, this would however be exactly could be except in a family which had [...?] for as necessary and conducive to the good order and comfort of the family dinner instead of spinnage[?], would not in any such place be as they are to justice, (for these extravagances are not dreams but near to absurd, so mischievous in a family, as in those /higher //high/ places in which they are every days practice [...?] truth!) I say once more to justice - in the places in which they are exhibited every day under the name of justice.

    Take this measure for science, the work of fraud for the work of necessity - every thing will appear advisable - every thing immutable - every thing inexplicable: take it for what it is, /+the work of fraud in confederacy with absurdity/ the illusion [...?] /darkness clears up/. You see what every thing is, and how it came to be so - you have a key[?], and that a sure one, to whatever is obstruse[?] and mysterious in law.

    /Person who would act thus must be altogether friendless if they are suffered to go at large./

    /If they throw dust into so mans[?] eyes, it was that they might pick their pocket/

    /It required nothing less than power, divested /purged/ of shame by the contemplation of its own exuberance, to ground on such preeminence in folly, an assumed preeminence in wisdom. After this what imposture is here[?] that fraud /[...?]/ will not [...?] audacity put forward, and negligence ignirance and imbecility bow down to and adore?/