13 June 1805

Evidence

Introd

Ch. Procedure Technical

''.3.

4. For the purpose of the discourses thus to be carried on by and between the parties through the endeavour of such their assistants to exempt them, one or both of them the force of these obligations /employment/ of punishment and terror, from those his which were at the same time to continue to be employed for the purpose of securing against mendacity and temerity the evidence of extraneous witnesses.

5. In the case of all such assertions on the part of either party, (in particular of the defendant, the party most generally interested in the production of delay) as of time, might in reality or in appearance have afforded a just and reasonable ground for ulterior instruments or operations, to give them, coincidentally without opportunity of disproval or contradiction, the immediate effect of [...?] on the part of one or other party or both the necessity of such ulterior instruments or operations.

By the former /forth/ arrangement, mendacity, in so far as the man of law was in the way of reaping his profit from it, was trained: by this fifth arrangement it was crowned: whatever profit it might aim at, was then secured to it. By the former false [...?] were permitted; by the latter being [...?] for true, they were encouraged and [...?].

6. Not to suffer so much the proxies of the parties to come to any explanations in his presence with relation to the facts in which the ultimate [...?] for the fall principally and ultimately in question on the cause, [...?] far as [...?] mass of operations and instruments had been interchanged between them of course a mass as large as there could be found in so sufficient pretence for making.

By this refusal a diverse number of [...?] were answered at once

1. He saved these his dominant partners from the obligation of presenting, and himself from that of receiving any of those explanations which if they could not have been kept had might have put a premature period to the cause.

2. By forcing them to perform their operations and before other eyes and present their instruments to their hands, he promoted the [...?] of the list of objects abovementioned, encreasing the number of hands through which the parties were to be made to save the gantlet for his benefit, 3 d So many offers as could thus be piled up, are upon another, take Offer upon Pelion[?], all out of the eye of the principal, so many sources and scenes of occasional misconduct, real or pretended, on the part of parties' Agents and officers, each [...?] every other, so many occasions for incidental applications to be made to him for redress, applications producing more instruments, more operations, with their inseparable fires[?].

In regard to each of these several contrivances a word or two of explanation or observation may be of use.

On the present occasion I give no other than the leading features of the technical system: those which contrast at first view with the corresponding features of the natural. In relation to those, what ulterior features there may be occasion to bring to view will be but so many fillings up of the outline traced by those more essential ones: or to change the metaphor, os many edifices erected in those broad foundations, so many dreams drawn from those copious sources.