19 May 1805

Evidence

Introd

Ch. False Ends. Judge

' 3 Opposition Mode

Whensoever, by being assured of the relative indigence and consequent defencelessness of his adversary, a man may be sure of succeeding in his suit, he has no need to trouble himself about the justice of his cause: a cause which he knows to be unjust will in this case give him at least as full an assurance of success, as he could derive from the justice of the most clearly just cause. In this way the arrangement holds out invitation to malâ fide suitors to malâ fide defendants to mala fide demandants always on condition of their opulence /[...?] finances/, and multiplies ad infinitum the number of mala fide defences and demands: in this way the judge renders himself the rewarder, the encourager, the accomplice of iniquity, in all its shapes /in every imaginable shape/, is to be found in the person of the judge.

In some cases it will happen, that the person /individual thus/ excluded from the station of demand, is a person on whose part in an appropriate demand, in this case termed a prosecution was necessary to the punishment of some offence, raised by punishment or public indignation to the rank and application of a cause. In this way it is that by the means of art[?] for the sake of such his fees, the Judge renders himself, /we may see the judge rendering/ himself the reward, the encourager, the accomplice of every imaginable crime.