date

16 May 1805 Evidence Introd
16 May 1805

Evidence

Introd.

Ch. Reconciliation - Offices

The court without power of inflicting punishment, under the name of punishment, but with an untainted[?] power /possessed of an unrestrained faculty/ of interrogation, and therefore /thence/ not without the power of calling for compliance with their advice, under the penalty of present shame[?].

No cause in any other Court without previous examination in this Court. Therefore no mala fide demand or mala fide defence capable of being set up without having been previously brought to light and to shame in this Court.

No compulsory power for converting the[?] recommendations of this Court into obligatory mandates. For what reason refuse this /withhold a/ a power seemingly thus indispensable? perhaps for this, that /not[?]/ the Court, not having any men of /'professional and experienced men of/ law amongst them, should make decisions pregnant with compassion[?], because repugnant to the tenor or purport of existing and established[?] laws.

But would it be absolutely impossible to find an honest lawyer who for all the rewards that profit /salary/ or honours could bestow could not be prevailed upon to act under the natural system of procedure? Is the conception of an honest lawyer so compleatly visionary.

In the English Courts of Conscience the same practice /design/ /policy/ and perhaps with the same view with regard to /so far as concerns/ the exclusion of lawyers, I mean from the bench, appears generally to have been adopted: the object was the getting rid of those technical rules the observance of which would, in relation to that humble and limited sphere of notion have been altogether incompatible with /[...?] to/ all justice.
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    Description: 25 Dec r 1807

    Letter V

    Repeal[?] II

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    Total Number of causes in a year lodged in the Exchequer Chamber in an average of three[?] years - minute fractions and uncertainties neglected - 606

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    Remains unargued, argument not presenting to the eyes of the defendant or his professional advisers, any the faintest sliver[?] of success, and therefore all of them to a certainty on that same side malâ fide causes - - - 600

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  • Title: [17 June 1805 Evidence Introd]
    Description: 17 June 1805

    Evidence

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    Ch. Procedure Technical

    ''5. Exclusion of Parties [...?]

    Here then we have separate & distinguishable five distinct masses of advantages reaped by the lawyer from every penny of factitious expence added by him to the expence naturally attendant on the system of procedure: - 1. immediate pecuniary profit: viz the amount of the profit extracted by him out of that expence form the suits which it has not had the effect of preventing - the number of profit yielding suits remaining the same: - 2. case, by the amount of unprofit yielding suits prevented by it. 3. pecuniary profit produced in a less immediate way by the encrease in the number of profit-yielding suits - amount of mala fide oppression suits, mala fide demands and mala fide defences, suits produced by the man of law by selling the irresistible faculty of oppression to every wrong doer who finding his adversary, destitute of the faculty of assistance is able & willing to come up /make the purchase/ to the vendor's price - 4. convenience of acting in pleasant company - 5. convenience of not being troubled by unwelcome company.
  • Title: [15 June 1805 Evidence Introd]
    Description: 15 June 1805

    Evidence

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    Ch. Procedure Technical

    ''.4. on the part of indigence

    The mischief that can not be expressed can not be guarded against /averted/, at least by any exertion of legislative industry /wisdom/. Let the name employed for the designation /expression/ of the suits or proceedings planned or carried on on one side or other in the express view, and for the express purpose of oppression, be called /distinguished by the denomination/ malâ fide suits. or proceedings: and on the part of any person planning or carrying on any such suits or proceedings with any such views, let the act of carrying it on be called malâ fide litigation.

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