6 Aug 1804

Procedure

''.6-5: Excesses in

profession

The practice of the exploded Court of Star Chamber had /was composed/ as will be seen of an aggregate many features, but the punishing /marching[?] conducting punishment/ in the [...?] /track/ chalked out by this discourse will be seen to be the only one that was /being/ at once /the same time/ of mischievous tendency, was at the same time regarded at that time as being peculiar to it, no waiting for known form the only legitimate species of law, statutory law: no waiting even for decisions on parallel /similar/ cases pronounced /stated as parallel/ in the way of jurisprudential law. A power of covering with acts of legislation the prodigious and as yet boundless field of penal law assumed: assumed with no other authority and at no other expence than that of these six words: words meaning every thing and thence nothing.

To observe in their genuine enormity the pretentions thus advanced by the spurious legislator compare them for a moment with the [...?] proceedings observed on the like ground by the genuine legislator on the like ground in English practice. On every the minutest extention of the groft[?] of the penal laws, what caution what investigation, what care taken to hear objections from all quarters - what niceties /scrupulousness/ in the choice of the words: what care to let in the necessary exceptions and modifications! In legislation as performed by the uncommissioned legislator - the Judge - on pretence of judicature - all these cautions are trodden on foot /broken through/: no exceptions, no limitations: no enquiries into facts - no regard to consequences - the unmeaning phrase, the form of words which furnishes the pretence is pronounced - and the business is done!