9 Aug 1804

Procedure

Ch. non-homologation

''. eulogized by lawyers

1. One /A leading/ artifice is and that a leading one is to misstate the source from whence to follows: to make the people take it /the body of the people/ look upon it/ for their own work, instead of being the work of a set of lawyers placed by the Crown /King/ and in a state of the most compleat dependence on him all comparatively of late years.

A contrivance /An attempt/ like this, is like an attempt to make men /get men to/ believe that [...?] issue from /rise out of/ the sea. Not a day in the year, at least not a judicial day, in which their sense do not assure them of the contrary: but it is the practice /constant aim/ of lawyers and but too often the successful practice, to parade men /call upon men/ to believe errant nonsense above the evidence of sense.

"It is one of the characteristic marks of English liberty" (says Blackstone)      74 that our common law "(the jurisprudential law) depends upon custom, which carries this internal evidence of freedom along with it, that it probably was introduced by the voluntary consent of the people".

[Thus says Blackstone. What says Truth? - Truth starting in the face /printed in the retina/ of every man who does not purposely shut his eyes against it.] /has not been determined against seeing what passess daily under his own eyes/.

Depends upon custom, yes: in the same sense as in Morocco law depends upon custom, and no other. Custom on the part of the Judge to cal for /command/ obedience: custom on the part of nation - on the part of the people in their capacity of suitors, to bestow it /yield obedience/. Not but that in all points, good and bad together, English judicature is as opposite as possible to that of Morocco: but that in the framing of jurisprudential law (setting aside the function of Jury /part taken by Juries/ which is not here in question) the people have no more share in one case any more than in the other.