date

[clx. 218] 1821. May 3 d First
[clx. 218]

1821. May 3 d

First Lines

Procedure.

Under an absolute Monarchy, in so far as depends upon the Monarch and such of his official servants as are not lawyers, the substantive branch of the law having, for its sole actual object or end in view, the greatest happiness, and thence the support of the interes real or supposed, of the Monarch - the adjective branch, the law of Judicial Procedure, has of course so far as depends for its end the giving execution and effectto that same main branch of rule of action. But, such is the darkness in which partly by want of appropriate intellectual aptitude and appropriate active talent, partly by that sinister design which is the reverse of moral aptitude, the field of law has every where remained enveloped, the Monarch has not, in any European Monarchy, however absolute, been able, as yet, to give full execution and effect to his will, without concession, to an amount more or less considerable, to the particular will determined of course by te particular interest, of that class of his subjects /the Lawyers/. Hence, a sort of partition treaty, though no where expressed, not the less effectually observed. Of the whole field of law in those parts in the relative perfection of which the Monarch has felt the strongest and most immediae interest, the whole frce of their minds has, by these his workmen, been directed to the single object of giving execution and effect to their masters will: of these parts, that which regards Finance, and, in the field of penal law, that part which regards offences more immediately effecting the person and government, present the principal and most striking examples. In recompense, the parts in which /by the state /condition/ of/ the particular interest of the Monarch was least materially affected /and visibly manifested/, and which, at the same time, there would have been the greatest difficulty in protecting against their enterprises were left in their hands as a source of plunderage. Of this part, the whole field of non-penal, alias civil Law, will afford one great example.

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  • Title: [[clx. 219] 1821. May 3 d First]
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    Under a limited Monarchy, the substantive branch of the law having, so far as depends upon the Monarch, the same object - viz. the support and advancement of the particular interest of the Monarch, for its actual sole end, the adjective branch will, so far of course have for its object the giving execution and effect to that part of the substantive branch of law which has for its object that same end. But, under every limited Monarchy as yet known, the Monarch has found his power clogged, more or less, with a complication of embarrassments opposed by conjunct powers which, howsoever subordinate, have required more or less exertion to keep them in that state. These are, in the first place, a subordinate aristocracy: in the next place, one elected Representative Body, in the composition of which, an indefinite portion of the subject many have possessed a share which, how inadequate soever to the purpose of giving support to the interests of the subject many, has been considerable enough to render it matter of convenience, if not of necessity, to the Monarch and the Aristocracy, to make a regular and constant purchase of their obsequiousness. Of this system of complication, one effect has been to render the assistance and co-operation of the Lawyer tribe necessary to a much greater degree in this species of monarchy, than in an absolute one. Another effect has been - to render the system of procedure much less efficiently adapted to its professed end - the giving execution and effect to the substantive branch of Law. For it is only by rendering themselves necessary and in proportion as they could succeed in rendering themselves necessary, that the Lawyer cast could come in for, and secure to themselves a share in the profits of misrule: and it is only by rendering and in proportion as they could render precarious the effect of those parts of the substantive branch of law in which the monarch and the aristocracy too a special interest that they could thus render hemselves necessary.

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  • Title: [[clx. 213] 1821. April 30.]
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    In a limited Monarchy, the state of things in this respect is still worse. Both for the purpose of corruption and that of delusion, the Monarch has /stands/ much more need of the services of this class of men than in an absolute Monarchy. Such in particular is the state of things in the English Monarchy. In absolute Monarchies, the Monarch has, in many instances, substituted to that imaginary law, which is the work of the lawyers, which, without his having had any part in it, has been the work of the Lawyers, a body of real law giving expression to his own will.
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    Under a Representative Democracy, the matter of the substantive branch of law will, throughout the whole frame of it, have, for its object or all-comprehensive end - the greatest happiness of the greatest number: in proportion /proportioned/ to the wisdom and felicity of the arrangements by which that end has been pursued and been endeavoured to be attained, the end will accordingly be attained /have been fulfilled/.

    Under this same form of government /Under an absolute Monarchy/ the adjective branch of the law will of course /naturally/ have that same object for its all-comprehensive end. Accordingly so it will in fact in so far as it is the work of the same legislator of which the substantive branch of law is the work.

    In the only example as yet known of a Representative Democracy, viz. the Anglo american United States, the only branch /portion/ even of the substantive branch law which is the work not only is enforced by the authority, but has actually been the work of the supreme operative power in that state or cluster of states is the Constitutional branch. The mass of law with which every other part of the field of legislation is there covered, remains in a state of chaos. Of this chaos, the ground is throughout composed of the corrupt mass imported from the territory of the limited Monarchy from the yoke of which this democracy has, for above these 40 years, been so compleatly liberated: a ground wor composed partly of statute law i.e. real law, partly of imaginary and fictitious law, called common law. Upon this chaos are still suffered to dribble in streams of fictitious law from the same impure source: and upon this medley /into this hodgepodge/ are, from time to time, cast batches of real law - the home-made work of the several particular legislatures.