date

24 Jan y 1807 Omitt or Postpone 8
24 Jan y 1807

Omitt or Postpone 8

[...?] Possession[?]

Letter IV

Resolu. 6.7.8.9.

Lawyers fond of Juries

This much /So far/ as to their passion, now for their indifference. In the narrow description of causes to which natural procedure has been confined[?] - when no factitious delay; vexation or expence has place - where /in which/ consequently lawyer's profit is not to be found - in cases when by the unfed[?] wisdom and probity and intelligence of the Country, or of some peculiarly fortunate time[?] pure and real justice is administered -then is that the [...?] zeal and constitutional jealousy of a Blackston[?] is alarmed, at the encroachments thus duly made upon the [...?] of liberty. of Blackston, and after him, and on the strength of his authority, of some pure and watchful sport or sports of the same class in one or both Houses.

In Equity powers infintely more extensive, powers in respect of the magnitude of the cause, and measured upon the subject matter, plainly infinite, as excused by a single Judge, with no other control than the almost inaccessible /inapplicable/ one of the House of Lords with the whole property of the Country at his feet. But in Equity, there is more work[?] for the lawyer, abundantly more work, there at Common Law with its Trial by Jury. Yet from the pen or the lips of what lawyer was ever complaint heard of Equity? Accordingly it is for this choice species of law, so pre-conscionably[?] afflicted[?] /[...?]/ to suitors, so presumably soothing to lawyers /their learned plunderers[?]/, that the most delectable denomination that /the/ language could be made to find /furnish/ for it has been devoted /consecrated //allotted/.

/+ though with a King's Bench over their heads to control and plague and threaten them/.
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  • Title: [24 Jan y 1807 Omitt or Postpone 8]
    Description: 24 Jan y 1807

    Omitt or Postpone 8

    1. Proposition

    Letter IV

    Resolut. 6.7.8.9

    Lawyers fond of Juries

    It moreover rids them of no inconsiderable part in general much the greater part, of the time that should have been bestowed in the [...?] of another great class of causes - viz. those in /to/ which by reason of their complexity the application of Jury trial is impossible. The fact that in that mode justice is actually not administered is matter of compleat notoriety to all lawyers. The conviction that in that mode justice can not be administered is equally extensive. This does not hinder them or any of them from recovering their fees in the pretence of doing[?] what [...?] so well to be impossible. Though in this or that in t'other individual case this knowledge can not be /should not be capable of being/ proved upon them, yet in this class of causes taken in the aggregate the fact is too notorious to need a word to be bestowed[?] upon it in the way of proof.

    Yet in no one instance whatsoever - I am sure is none that ever reached my notice, in print - in parliament - any where, where it could present a chance of being of use - was alwyer ever known - to mention by either as an objection to the use of Juries - or as an inconvenience from which it were to be wished that that institution should be set free /clear/.
  • Title: [6 Feb y 1807 Omitt or Postpone 13]
    Description: 6 Feb y 1807

    Omitt or Postpone 13

    Letter IV

    Resolut. 6.7.8.9.

    Juries

    Your Lordship sees, how necessary an implement /and instrument/ this power of investigation is, in the character of an instrument of justice /to the hand of justice/. Deprive her of it she loses sometimes a part, some times the whole of the stock of evidence which /to which/ the cause affords /the translation has given birth/. What /When part only/ she loses is the best and most unexceptionable part; what she gets is the part /remains to her is the portion/, in the production of which the partiality of the witness to the party served by it may have been a part more or less considerable.

    Conceive, my Lord what in the field of criminal law would be the situation of the Country, were it bereft of the powers applied in this way by Justices of Peace to /of this description exercised by Justices of the Peace in cases of/ the bringing to light and securing the necessary evidence in the case of predatory and other felonies. In what condition would the country be in respect of natural security and peace? In the condition [...?] [...?] in the reign of Hen 8 th. which in a population perhaps not much more than half that of the present time, the mass of delinquency raised to the rank of felony not half so great as at present, afforded in │ │ years to the goodly fellowship of [...?] 70,000 patients with their[?] 90,000 fees.

     Add here or further on the reason why lawyers are content[?] to see this power applied to criminal, not to civil law.
  • Title: [5 Jan y 1807 Scotch Reform To L d]
    Description: 5 Jan y 1807

    Scotch Reform To L d Grenville

    Facienda

    Jury why on appeal only

    Having confessed to your Lordship my notions concerning the abuse as well as the use of the institution, as applied in the case of a country to /in/ which it is not yet in use, I will now tell your Lordship what it is makes lawyers so much in love with Juries: English lawyers to whom they are so familiar /their [...?]// they are such old acquaintances/, Scotch lawyers to whom they are new /so [...?] and so/.

    My Lord, trial by Juries is trial with lawyers. Trial in the existing Courts of Natural Procedure, trial under their limited jurisdiction is in almost every instance, in the most unlimited field of jurisdiction it could be in nine or more instances out of ten, trial without lawyers.

    In this as in all other predilections, there is an object of jealousy and aversion expressed /declared/ or implied. Now then my Lord what is the object /counter// rival/, the object to be depreciated in this case? is it Equity? Ah, no my Lord: for some hundred years /ages past/ at least, no English lawyer has ever under valued Equity. The best that Juries can give is but Common Law: and Equity blooming maid! ever smiling Equity! how is so much sweeter /richer/ and more delicate! Why? because much as Common law affords, Equity affords more work still for lawyers

    So, my Lord: it is that odious thing natural procedure under the name of summary, that is the real object of that irreconciable /inextinguishable/ hatred, which learned gentlemen can never cease to feel, nor venture explicitly to avow. Why? because from the soil in Natural procedure factitious delay, vexation and expense are unknown /banished/. No work for the lawyer /any more than for the lawyer/: /learned gentlemen may cry till they are hoarse, who has need of one?/ nothing going forward from which profit /any thing beyond limit/ can be extracted.