JB_092_237.xml

Title: [29 June 1807 *1 Note Judge]

Description: 29 June 1807

*1

Note Judge

Letter V

II. Litigation

Directions and Instructions from Lord Coke to his disciples, shewing how to give existence and encrease to litigation viz. to profitable litigation: serving at the same time for the retrenchment of that which is unprofitable: communicated to the editor in a vision, by the patriarch and taken down from his own mouth.

For giving encrease to litigation, and more especially to civil litigation being that which is most profitable, it is before all things necessary to give birth and encrease to wrongs, viz. to civil wrongs: as litigation is the source of profit, so are wrongs the source of litigation: no litigation no profit; no wrongs, no litigation. Wrongs ( civil wrongs) are twofold: bonâ fide wrongs and malâ fide wrongs again are twofold: 1. those which precede and lead to litigation: and those which accompany or follow litigation: litigation itself being the very instruments by which they are produced.

For the accomplishment of this good and pious work, in all its branches, providence offers to put into your hands four main engines or instruments: 1. uncertainty, delay, expence and vexation. Concerning each of these supports to our veritable[?] profession, I will give you instructions, my disciples not only for the using it, but for the making it.

JB_092_071.xml

Title: [3 July 1807 5 Letter V]

Description: 3 July 1807

5

Letter V

II. Litigation promoted

9. So likewise, throughout the whole system of procedure, apply the principle of nullification to as great an extent as possible: rendering its effect sometimes dilatory sometimes peremptory, and rendering it, on each individual occasion, as difficult as possible to foresee which of the two effects it will have.

III. Seat of the uncertainty, the matter of fact -

10. Exclude the light of evidence, on pretences as numerous, as frivolous, and thence as uncognisable, and even unconjecturable as possible: taking care that, of the rules [...?] of these exclusions, there shall not be so much as one that is not continually broken through! and that for reasons which are not good but in the supposition of the badness of the rules. Devices.

11. To the exclusion of the best shape, require to as great an extent as possible that the evidence shall be presented in the worst shape possible: most favourable to perjury, to misdecision, to the production of factitious delay, vexation and expence. (Device │ │) observing in particular to admitt under the worst shape what you exclude under the best.

II. Directions and Instructions for the creation of delay. See Table

III. and IV. Directions and Instructions for the creation of expence and vexation.

Expence and vexation, these in so far as factitious, are produced principally by factitious complication. For the nature and intimacy of its connection with factitious delay see Table 1, Note │ │. Causes of factitious delay are in general, in a correspondent degree, causes of complication, vexation and expence.

JB_092_145.xml

Title: [12 June 1807 (13) (1) Letter]

Description: 12 June 1807

(13) (1)

Letter V

II. Litigation

Concluding Observations?

After this the observation showing that Judge and C o could not have been safely corrupt to more advantage.

They are not [...?] /[...?] [...?]/ to the dishonest suitor[?] the certainty of [...?] for ever, as we[?] shall see them [...?] the certainty of doing so far on [...?] his years, in safety and therefore without remorse - without shame

The nature and mode of operation of the several instruments considered, it will be evident that it was not in every instance in the power of the conductors of the system to promote the design of it in one way without counter acting it in another.

1. In the case of bonâ fide causes, so far as the uncertainty respecting the disposition of the main body of the law, so far as it was rendered matter of doubt whether the plaintiff had or had not under the law a title to the service which in point of natural justice at least be looked upon as his due - this uncertainty which it might tend in the way of encouragment to engage the party at whose charge the service was demanded, to refuse it, and so become defendant, would tend on the other side, in virtue of the difference in point of apparent probability, to discourage and deter him who should have been plaintiff from taking upon him that function: and as in regard to delay, vexation and expence.

But in respect of the prospect of ultimate success in bonâ fide suits this is all that could safely be done for the promotion of unintentional wrongs and litigation: and again in such malâ fide suits in which the malâ fides is on the defendant's side, this is all that could with like safety be done for the promotion of dishonesty, intentional wrongs, and litigation malâ fide on that side: a certainty of ultimate success in every case in favour of every individual who, whether in the right or in the wrong, and indiscrimately in the station of plaintiff or that of defendant at pleasure, would at the price of the attendant expence and delay be content to purchase it, and that without exposing the Judge to danger in any shape whether in the shape of legal or moral censure, was found to exceed the power of the mot consummate astutia on the part of the Judge, even when seconded by the most consummate blindness or patience on the part of sovereign and people.