14 July 1805

Evidence

Introd. Jurisprudent

Ch. II. Vices

That these fountains of uncertainty on which jurisprudential law is so abundant can not be drawn from /upon/ by arbitrary power on every occasion is indisputably [...?] and for every purpose. With all such helps those will be many things that can not be unjustly taken from any body /man/ by such means, many men from whom nothing can be by any such means unjustly taken, and so on without end.

But for a man to find /see or fancy/ himself in danger of suffering from arbitrary and uncontrollable power, though it be but in one particular way, or on one particular occasion, so it be but /but appears a/ probable one, to arbitrary power operating on a field of such extent, a matter sufficient to embitter the whole current of a man's life.

Unquestionably there is exists not at this moment among English Judges any such fashion as that of doing a voluntary /to any man a premeditated/ /wilful/ injury. But as it is the property of fashion /as to every thing that rests on fashion/ to be observed on most occasions, so is it to be departed from on any. Powerful while it exists, fashion is not the less liable to change. Powerful while it exists, fashion is not the less liable to change. Should it happen to me to be oppressed by Judge B what Consolation /advantage/ is it to see that he never oppressed one before, and that Judge A would not have done so in his place?

In certain Russian families there exists a fashion of not raising the taxes upon any of their peasants. Peasants worth thousands of pounds are accordingly to be found in such Russian families. But will any peasant thus /for the moment/ happily situated for the moment neglect an opportunity of purchasing his emancipation? Not he indeed if he is wise. No: Be the probity of English or other Judges what it may, tenure at will never be equal to tenure for life.