date

[clx. 224] 1821. May 4. First
[clx. 224]

1821. May 4.

First Lines

Procedure

Judicial vexation

1. Disorder.

2. Evil the second. Look now to the supposed case in which the vexation thus applied is apllied in pursuance of a connected scheme entered into by a number of individuals asociated for the purpose. Suppose again the remedy out of the question, evil in two shapes in particular not to speak of others - evil in each shape to an indefinite amount. In the first place, a total suspension of all the functions of Government by law suits non penal or even penal occupying and engrossing the whole time of the respective functionaries. Evil 2. covering with reproach and burying in disrepute the system of procedure out of which evils thus flagrant will have been seen to grow.

Then would come the exultation of the corruptionists of all casses, and in paticular of that class in which in all his shapes, and in particular in that in which it is by Law the engine called Lawyercraft that the fruits of corruption are reaped by him. See here, (would be his cry), see here the fruits, the genuine the necessary fruits, of your undilatory, unvexatious, unexpensive system of procedure.
Similar Items
  • Title: [26 April 1807 Letter V VI.]
    Description: 26 April 1807

    Letter V

    VI. Bail-baiting

    If, in addition to the corruption of morals, added to the factitious delay, vexation and expence, there be any cases (as doubtless there are many) in which the acceptance of sham bail after the sham examination with the perjury that results from it, is productive of no harm - in all those cases, the examination of the principal defendant vivâ voce, upon oath by and before the Judge, in the presence of the plaintiff with liberty given to him to cross examine - would not only supersede the necessity and use of Bail, but would at the same time secure the property of the defendant from dissipation, and settle the business in the best manner possible without further trouble.

    In Scotland as in England, would any such arrangement be endurable to learned minds? No real evidence[?] first before rather than that justice, substantial, effectual, efficient[?], undilatory, unvexatious, unexpensive justice, should thus be done. Not the Act of Union only, but Magna Charta, the Bill of Rights - the Constitution, whatsoever it contains most sacred, would thus be violated. Jacobinism Popery and Atheism, Presbytery in England, Episcopacy in Scotland would thus be seated on the throne. The seat of Jurisprudence would be usurped by Conscience: the edifice begun and continued by Acts of Parliament would be compleated.

    the belly of the hen whose eggs are fees would be ripped up beyond cure.

    Falshood would give place to truth
  • Title: [26 Oct 1807 Eldons Bill '.11]
    Description: 26 Oct 1807

    Eldons Bill

    '.11

    Procedure the System

    What makes the example so much the more instructive /richer/ in instruction is that the same Courts which afford /present/ the spectacle of diversity of procedure, and of the mischiefs flowing from it, present the example of competition, and of the minuteness of the advantages, if any that have been derived from it.

    If amongst them any such contention had ever prevailed as which should do most for furthering the ends of justice they would long ago have arrived all of them at that simplicity that undilatory unvexatious unexpensive and at the same time /but the more/ efficient simplicity which has all along characterised the system /method/ of the Small Debt Courts, the Courts of Justices of the Peace sitting out of the Sessions[?] and the other Courts of Natural Procedure: they would long have arrived at it /that goal/, or rather they never would have swerved from it: so that /insomuch/ unexpensiveness, unvexatiousness, and so far as depended upon the system undilatoriness, being in those /these/ high Courts as in the other petty Courts in all of them alike at the pitch of perfection, the only object of contention would have been as between individuals and individuals, on each individual occasion, which Judge or set of Judges should by staving off the time for decision produce least factitious delay, be most sincerely anxious to save the suitors on both sides from all unnecessary expense [...?] [...?] most effectual that by that the operation of justice no unnecessary vexation be inflicted either on the suitors on either side or on third persons, ad be most solicitously and successively attentive to avoid doing /lending his hand to/ any of those diversified injuries to which the people in the character of suitors are subjected by erroneous decisions /misdecision/ decisions and denial of justice /to the prejudice either of the plaintiff or of the defendant's side/.
  • Title: [[129a–322] 12 March 1817 Plan]
    Description: [129a–322]

    12 March 1817

    Plan Cat

    2 o

    Introd

    §.17. Conclusion

    2

    From the all-pervading opposition of interest to duty thus designated /marked out/ in general terms result divers phaenomena comparatively speaking /being in comparison of it/ matter of detail. These are

    6

    1. At the hands of the ruling few in most cases certainty of opposition, and that opposition effectual – to good measures of all sorts for special cause – viz in respect of the oppositeness of the measure to the interests of the fraternity in respect of this or that particular point of interests: such for instance as the substituting in this or that particular frugality and uncorruption to waste and corruption: undilatory unvexatious and so far as concerns factitious expense unexpensive justice to factitious delay, vexation and expence in judicial proceedings with denial of justice at the bottom of it.

    2. At the same corrupted and depraved hands if not in all cases absolute certainly in all cases greatly preponderant probability of opposition – and that opposition effectual to good measures of all sorts for one general /generally operating/ cause one all comprehensive and sweeping consideration viz. that they are good. +

    Hence unless a constitution standing in this state may be seen and looked to with full assurance a generally prevalent and predominant hatred of whatsoever is good: the cause of it a sort of instructive persuasion that by its being in violation of its being so the establishment of it nay any favourable reception given to it would be prejudicial to the general sinister interest.

    + ☞ Conclude this by shewing the peril[?] sinister interest turning thoughts[?] into a dangerous channel