5 June 1804

Evidence

Ch. Basis

[...?] f. Rejection Causes

History

Thus stands the matter or the facting[?] of general recurring probability grounded in the known constitution of human nature. Apply /[...?]/ to experience, descend to particulars, you will find the truth of this statement become /attested/ witness to by every page of legal history. An honest lawyer has given (without tarnish /disgrace/) what he calls the history of a suit at law: it is the history not of this /a siongle/ or that suit but of all suits - in a word of the whole system of procedure so far as the two great courts in Westminster called Common Law Courts are concerned: their birth, parentage and education - life, character, and behaviour: of the [stages?] means by which, with fals[e]hood for the master engine, injustice in all its shapes was moulded into practice. To show the progress of iniquity /injustice/ in all its stages and all its details would be laborious to require a landscape if that whole work[?] with large additions and explanations, the art of so being as critics[?] could not be found, the pleadings - the discussions between suitor and suitor were permitted to be carried on vivâ voce. Before /Till/ the service of a friend speaking for his friend had been converted into a trade, a suitor was at once compelled and permitted to speak for himself, a dishonest man was not deprived[?] from examination, nor an honest man condemned without being heard. In the art of writing great[?] [...?] [...?], the practice /exercise/ of it not being too rare to be made [...?] to be [...?] on as necessary nor too common not to [...?] are extortions /[...?]/high payments/ price[?] the [...?] was that against the suitor then advocate: the pleader to under write for his hand put a bridle upon his tongue /padlock upon his legs/, and the [...?] of an hour was open out into months and years.