14 July 1805

Evidence

Introd. Jurisprudent

Ch. II. Vices

The sort of security which is the great boast of Englishmen, the security derived /depending/ on the uncorruptness of the Judges, is in some respects well founded, but in others [while the standard /under the regency/ of /jurisprudence/ obedience remains in the state of jurisprudential law] is an illusion, and so long as the reign of jurisprudence lasts, so long, so it be for ever, must it continue. Bribes, it is true, are unknown to the hands of English Judges. Against corruption in this its most sordid and palpable form, every man is safe. True: but so long as that uncertainty which is of the essence of jurisprudence lasts, it is impossible, that against mischief from this quarter, misdecision from secret favour or antipathy, even from pecuniary interest in any /many/ of its indirect and refined shapes, any man should ever be safe. In the several causes of uncertainty as above brought to view, we see so many causes of arbitrariness: so many facilities, so many [...?], to the arbitrary exercise of a power and reality, though not in appearance arbitrary: so many [...?] causes of mis-decision /injustice/, which it depends altogether upon the /scent and/ inscrutable pleasure /will/ of the Judge, to convert into essential ones. When without the smallest possibility of detention, it is in the power of any one man to inflict on any other the extreme of injury, and this power is all factitious, and capable of being done away without the smallest inconvenience, can the existence of it be regarded in the light of an inconsiderable grievance.