1 March 1808

Letter VI

Omissa & Facienda

II. 3. No Exclusion

2. Maintaining uncertainty on the part of the rule of action - arbitrary power on the part and for the benefit of the Judge.

Coupled with the opposite rules of excession[?], the system of exclusionary rules forms one of the engines already spoken of un der the name of Double functions[?] from which aqua fortis and liquid [...?] run on an [...?] draw out the vitals of the community. Two sets of rules being established with like authority, two sets of rules operating in compleat repugnance to another, the Judge has his [...?] between them - no Judge ever has been or ever can be at a loss between them to exclude the evidence or give admission to it as best suits /as he thinks fit/ his purpose, in so far as the cause depends upon that evidence, to give success to plaintiff or to defendant.

The Turkish Judge is arbitrary in one way the English /one[?]/ Judge is arbitrary in another way. But in the practice of [...?] and oppression the Turkish Judge sits continually exposed to the [...?] or the [...?]. An[?] English Judge in perfect safety: no rod over his head but the rod of impeachment, and that a [...?] one constant effect.

3. As to the depravation of the morals and understanding of the people, as under the fee-gathering system it has been throughout the constant aim, so there as whatsoever[?] it has been the constant effect, of every regulation and every part of practice.

The hope of exempting themselves from the obligations of justice or [...?] /advantaging/ themselves in some way or other by profitable wrong, as in so many other ways /means/, by means of some quirk in relation to evidence, is among the bounties by which in the character of malâ fide litigants men are imbibed in the service of [...?] under the command and for the profit of the Judge of the Judge /law [...?]/ and the rest of the staff.