Dec 1805

Evidence

Introd. False Ends

Ch

. Opposition of interests between the authors of the system and the people subject to it.

What grosser or more fatal delusion than for a man to take his natural and irreconcilable enemies for his most /several/ faithful and zealous friends? upon that supposition to think and speak and not upon every /the most important/ occasion of life? with content and confidence to behold in these his enemies the arbiters of his fate? the afflictions, the grievous and ruinous afflictions, which to their profit (not to say for their profit) he is suffering dearly at their hands, to refer them to the wrath of Providence, is the perversity of [...?sable] nature[?].

On this head a distinction seems to be commonly taken by the public mind. Lawyers are divided /are in their as in that [...?] of [...?]/ by it into classes: Attornies Advocates Judges. With the interest of the suitor the interest of the Attorney is ended but too [...?] at variance. The Attorney is accordingly a distinguishable[?] man. Between In regard /relation/ to that same public interest the /and/ interest of the Advocate there may perhaps be a little difference, but if there be, the effects of it are outweighed by the known [...?] /[...?]/ of their characters attached to their branch of the profession, and the Advocate if not the constant friend of the public, is at any rate not the constant enemy. and the Advocate, according to the scale into which the fee is dropped, is as ready /no loss/ to shew himself the friend of the public than the enemy.

So much for the professional lawyers -
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    To look upon the man of law as their friend, and him who would rescue them (from his grip), as their enemy.

    To suspect be jealous of their friends, and have no confidence but in their enemies.

    To look up on remedies as poisons, and poisons as remedies to teach them to ascribe some of the worst of their afflictions to a wrong cause.

    [marginal insertion: in jurisprudence as in religion, swallowing absurdities is an exercise of faith, and faith is fortified by exercise.]

    To accept of any theory as a reason from those who never speak to them but to deceive them and whose interest is in opposition to theirs, as that of the wolf is to that of the sheep.

    To regard their afflictions as incurable, by referring them to a wrong cause.

    To regard every implanted[?] and carefully cultivated abuse as an unextirpable /ineradicable/ weed, deep rooted by the hand of inexorable nature.

    (It is a truth but too well known by imposters of all sorts) the more obsequious the pupil, the more powerful the instructor, and the more absurd the doctrine the stronger and more conclusive the proof given of the obsequiousness of the pupil, and of the power gained by the instructor over his mind. [marginal note: Imposters of all sorts master this; imposters of all sorts build their art upon the strength of it.] The sillier therefore the research the baser the coin which the pupil can be led to pay himself with under the name of a reason, the firmer the hold which the deceiver has on his mind.
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    Description: 1826. Aug t. 26.

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    1.

    Anglice. The attornies are called solicitors. That being his name in the equity court. That business being the most profitable and least odious, the practice has sought refuge from odium in that name.

    2.

    Much juster objects would have been the judges — all professional lawyers being the work of those official.

    Hit by a stone, some dogs are stupid enough to attack the stone.

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    Dependent on the Minister by the hop of the matter of conjunction for all their habitual crimes, they enjoy impunity compleat. In a government of which corruption is the offence, height in the seat of factitious honor is the place of him who is deepest in the scale of vice

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    Advocates are 1. Opinionists. 2. Draughtsmen. 3. Speakers.

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    1. All the speaking advocate does is stating the alleged fact furnished by the attorney, and commenting upon their facts and comments on the other side.

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    In Bonaparte's Codes, the... Procedures are Avoués of any such actor or . . . .

    7.

    Anglice, for want of a Barrister, his functions are exercised by an attorney. But not vice versa.

    8.

    Romanice, an advocate is an advocate, so scotice.

    9.

    Barrister-qualification Anglice described.

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    The opinionist defined.

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    Gallice, the opinionist is jurisconsult. But every Advocate also a jurisconsult

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    Anglice, every thing more confused than any where else. Jurisconsults, none. Proper appellation Barrister, occasionally called a Council, by contraction for counsellor or as being wisdom personified.

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    Gorgon had but three bodies. The English law practitioner has four or five. To strike this with paralysis is among the objects of this chapter.

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    Suit commenced, not a step stirs attorney, or solicitor without opinionist's advice.

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    A Notary defined.

    16.

    In Bonaparte's Code, a notary is called a notary