058-403.xml

Title: [12 June 1805 Evidence Introd]

Description: 12 June 1805

Evidence

Introd.

Ch. Summary

''.1.

Ch. Of Summary Procedure

''.1

I turn now with delight (and is there or can there ever be an honest man living who would not share in it?) yes with delight I turn to the contemplation of those instances in which elaborate and studied Injustice, has been forced to give back her conquests to simple Justice.

JB_047_160.xml

Title: [Evidence 26 July 1805 Introd]

Description: Evidence

26 July 1805

Introd

Ch. Perversion

In this case, suppose a man to whom it were not known or at least suspected, that there are occasions in which no credit can safely be given to any thing that comes officially from a set of English Judges, what would be the consequence? The consequence would be, such as it hath just been stated.

In general, so notorious is the untrustworthiness of the English system of procedure, even to the most uninformed - to those who scarce have scarce any other knowledge of it. Instances however will sometimes happen in which a man, unfortunate enough not to suspect deceit from such a quarter, will act as if there were no such deceit, and be deceived accordingly. I remember hearing a particular instance of a man who on an errand of this kind came post-haste to Westminster Hall from some place in Shropshire, a couple of hundred miles or so. It afforded great amusement to the lawyers, and was told as a good joke.

Should /he/ the man /defendant/ by any accident have cast an eye on what is called a Bill in Equity - is an instrument of the sort of that which draw upon him the misfortune of receiving such an address however, he would have /therein have/ received as full a confirmation as it is in the power of words to give. He would therein, have read a description of the sort of Writ prayed for by his adversary: a writ commanding not appearance without any thing more but personal appearance. What is the description of the sort as herein prayed for? Their Majesty's most grievous writ ... of Subpoenâ commanding them, at a certain day, and under a certain pain therein to be limited, personally to be and appear before "Your Honours in this Honourable Court, and then and there full true direct and perfect answer make" &c.

Fowler. . 35.

JB_047_146.xml

Title: [Evidence 18 June 1805 Introd]

Description: Evidence

18 June 1805

Introd

Regular useless

The Common Law procedure and Equity procedure agree in this that in both such evidence /that evidence/ as the cause affords is extracted in a bad and imperfect manner the end of a course of months or years, which in Summary Procedure is extracted /may frequently/ in the best and most perfect mode possible in as many hours or even minutes.

Such is the fruit and the use of the labours of those two professional men, the Special Pleader and the Equity Draughtsman.

Of this sort is the labour, so directed, so applied such are the labours by which the professional Lawyer is supposed to give himself the best qualification possible that a man can possess for the very highest seats in Judicature.

To a Judge who has /should have/ the interest of truth and justice really at heart the labour of the Special Pleader and the Equity Draughtsman are of as much real use in /may in point of real use be compared with/ the labours of those females who follow the army for the purpose of stripping the dead and wounded after the battle, or to the general who commands it.

There is indeed this difference. The female plunderers do not on either side diminish the chance which the General has of obtaining /shall of the General may give him for/ a victory. But the labours of the male depredators on both sides concur in rendering it impossible for the wisest and most upright of Judges to do any thing better than rendering /administering/ the most enormous and deplorable injustice under the name of justice, of a fictitious and unnecessary vexation, expense and delay done by injustice, under the name of justice.