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1 March 1808
Letter VI
Omissa & Facienda
II. No Exclusion
3. Various are the case in which a pretended pecuniary interest, created by a sense[?] [...?] as no beggar of it long before him[?] would vouchsafe to stoop for - some minute fraction of the value of this [...?] came in existence, speaks as a peremptory exclusionary shutting out the light of evidence.
4. This together with the whole[?] remainder of the system of exclusionary rules as at present established are no more than an invention of lawyercraft, operating to the purpose /promoting the object/ of lawyercraft in a variety of ways - by making business i.e. lawyer profit, by founding uncertainty[?] by [...?] Judges with arbitrary power, and by debasement /depravation/ of the public morals and understanding.
5[?]. Making business in an infinity of ways. The same evidence which of right for by a less extensive course you [...?] not have, pay the price for it, that price an extra price and it is yours. Thus alone a man is not a party in that individual cause, there is no magnitude of interest which the lawyers are not ready to force[?] time from for the purpose of admission by what they call a purge, [...?] the materials and composition of which their shop must be resorted to of course. Neither is there any magnitude of interest under the influence of which they will not receive the testimony on the [...?] favour has one[?] cause, on condition of payment of one extra price facing the lawyers /submitting to depredation/ in two sorts of courts - an Equity Court and a Common Law Court - the Equity Court ordering what they call an Issue - a [...?] action to be tried in a Court of Common Law after which comes an ulterior course of pillage[?] in the Equity Court.
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