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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/.
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Title: [4 Feb y 1807 Omitt or Postpone 11]Description: 4 Feb y 1807 Omitt or Postpone 11 Letter IV Resolut 6.7.8.9. Juries Lawyers the fondness 4. Class the 4 th. Causes which by reason of their complexity and although the whole mass of evidence which the case furnished be fothcoming, are by reason of their complexity incapable of being gone through in the compass of a single sitting. In regard to causes of this description nature has rendered it strictly speaking impossible that they should be heard[?] throughout by a Jury, tried with the benefit of all the wisdom, and all the observations required by that evidence is matter of physical impossibility. In English proactive causes of this description, are in great numbers submitted in show and pretence to the cognizance of a Jury. What is impossible is to try the cause /do the business/. What is not possible, is - to receive the fees in pretence of trying it /received for doing it/. Receiving money of false pretences is in some cases felony: but these are where the receivers are weak and helpless: subject to the laws, not makers[?] of laws in pretence of being declarers.
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Title: [24 Jan y 1807 Omitt or Postpone 8]Description: 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: [Jan y 1807 Omitt or Postpone 5]Description: Jan y 1807 Omitt or Postpone 5 1 Proposition Letter IV Resolut. 6,7,8,9 Jury Lawyers fond of Juries I have stated as plainly as was in my power the causes of my own attachment to the mode of Jury judicature: the causes of that attachment, and therein the limits set to it. I will now by your Lordship's indulgence which I state with equal plainness /simplicity/, the causes of that attachment which learned Lords and gentlemen are never tired of manufacturing[?] towards it. Thus it is, my Lord, that so far as learned Lords and gentlemen are concerned the causes of their attachment to this [...?] of English liberty, are comprizable[?] in the two words profit and ease: so far as these two agreeable circumstances or either of them accompany it, so far does their attachment /passion/ cleave to it: where both desert it, that is when[?] is rival made[?] possessed of the same charms presents itself, Jury trial shelf without any complaint on their part, is laid upon the shelf. The competition (your Lordship sees) is between Jury trial in the first instance, and Natural Procedure, with Jury trial, if necessary afterwards. I know[?] then[?] /First/ as to profit - Jury trial in the first instance, no suit without its profits: and these, as every body knows - not small ones. Natural Procedure in the first instnace, in a vast majority of the number of individual suits, no lawyer's profit at all, at least none for Advocates, then and there, the deman perhaps for the assistance of an Attorney given by a part of a day's attendance; but in the majority of individual instances, not even that.
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