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June 1809 3 13
Elements of Packing. Ch. 6 Purposes
§§.4. Popularity delusive
1.
Popularity of the
system no proof of
its purity: for, note
the causes. p1
2
1. By impurity if
legalized, no stain
is made in Judge's
reputation. p1
3
Example. Judge
deriving a profit from
an office the profit
of which it depends,
on himself to preserve
from diminution
if not to encrease
p 1
4
Three ways authorities in which
in practice may be
legalized.
1. Judge made law.
2. Statute Law
3. Both together: for
In making Statute
law influence of Judge
and Co has been
as all powerful as
baneful.(a) p1
5
Those in the note but
minute samples. p2
6
Effect of this impurity
multiplying from many
sign to many hundred fold
expence and delay. Theme
outlawed 9/10 of 19/20 of
the people. p2
7
2 Law rendered uncognoscible,
peoples conceptions
of it have thus then
rendered dependent on
the lawyers its makers
The worse they have made
it, the greater the demand
thus made for praise to
cover its depravity, and
yr supply has been proportionate.
p 3
8
Being thus interested in
bepraising lawyers have
accordingly been praised
1 The system itself.
§§.4. Popularity delusive
9
2. The administrators
especially the chief from
whom preferment &c
has been looked for. p3
10
Thus the excellence of
each has been proved
from do of the other. p3
10*
Absurdity of the high
opinion entertained of
the Judges. While advocate
he has preferred the wrongdoer
as being the best customer
and affording most room
for the display of skill, &
has been trained to corrupt
servility under the
Minister
No sooner does he
mount the Bench than
his sinister interest remaining,
he is supposed
to be transfigured
his corrupt will becoming
the standard of
rectitude. p.19
11.
3 While premiums are
thus offered and earnt
for and by eulogy on the
real excellence of the system
and attribution of
false, intimidation is
employed to prevent disclosure
of its defects. p5
12.
Point out defects —
1 in the system — aversion
and neglect are poured
upon you, by neglect,
by hard names &c
in the Courtiers &
Lawyers Gradus. p5
13
In the administration
imprisonment & ruin.
p5
14 21
Thus the popularity
is a proof of depravity.
Chain of causes —
1. Depravity
2. Profitableness to Lawyers.
3. Popularity among Lawyers
4 Praises by Lawyers
5. Popularity among
the deluded people.
p.6
15 22
Relevancy of this topic to
the question about the
propriety of the packing
system —
1. Antipackers declaration
— packing destroys ql check
2. Packers plea — check needless,
the Judge being so excellent.
3. This Rejoinder traverses the —excellence —
So no departure
p7
§§.4. Popularity delusive
4(a)
1I Example of profit legalized
by Judge
alone. annual profit
by sham Writs of Error.
1. Ch. J of BR. 1420 —
2. Ch. J of CB 733 —
3. Total to Lawyers —
4. No of Plffs families
thus tormented in 15
years ending 1807 9,272
5 Whereof to comfort of
Ld Kenyon —
6 To do of Ellenboro'
Materials from
Amis's acct 14 June 1808
7 This Ao 1797 —
More Ao 1808
7. Reference to Scotch Refm
Table X to be had at
the publishers of this.
8.II by Statute law alone
viz — by proviso in
5&6 Ed. 6.c16.
9. Object as per Preamble
avoiding corruption
touching administration
of justice.
10 Prohibition accordingly
of sale &c of judicial
offices.
11. Exception in favour of
chiefs of B.R. & CB.
12. The prohibition useless
turning the whole of the
stream from the channels
shut to do left open.
13. Worse than useless
lulling suspicion by a
false security, thence
giving encreased security
to corruption.
p.16*
14 Sole effectual mode
Fixt salaries — vice
increaseable and decreaseable
emoluments
15 But this wod only
stop the encrease of depravity:
not remove
the existing mass.
16. History of a Bill —
Corruption licensing
proviso remonstrated
agt by yr Commons
But the necessity of it
being demonstrated by
some Arden &c preserved
by the Lords —
17. Another Law — abuse
reformation Bill
thrown out in the Lds
Commons wod not have
dared to originate it.
p.16
§§.4. Popularity delusive
17. III of parfit legalized by
Judge made &c Statute law
together — £ s d
1. Guineamans — 1..1..
2. Under Sheriff for doing)
nothing ————) 2..2..
3 Master Packer for )
worse than nothing — ) 2..2..
4. Total Lawyers extra
profit on a Special Jury ) 7 ——
5. Do Guineamans thus )
dependant official Lawyers) 12.12. —
Total £20: 0
17
Per Palmer vice the £7.8s.8d
£12:12s — but this includes £2.2s
for summoning, which is not
profit, unless superadded to what
the under think wod have had or
paid in case of a Common Jury.
p 8
14
Vulgar errors produced by error
or prejudice, abuses of procedure
the work of Attornies
15
Negatur More mischief
produced by regular than irregular
practice: & one use of
the regular was to let in the
irregular. p.22
16.
Attornies take the system as
they find it — Judge and legislating
Advocates made it. p.22
17
An Atty may carry on his
business without insecurity:
an Advocate, not: Advocates
mind the stuff of which Judges
do is made. p.22
18
Filling bench from Bar
is taking Governesses &c from
Brothels. p.23
19.
Yet by unintelligibility they
give to the Bar exclusive
admission to the bench. p.23
20.
Against this feature of depravity
the non-lawyer
has learnt from Blackstone
to shut his eyes: to an insight
into the system, he
prefers a dream over
Blackstone's picture of it. p.23
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1809-06 |
1-10, 10*, 11-13, 21-22, 4a, 17, 14, 16-20 |
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026 |
elements of the art of packing |
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080 |
elements of packing ch. 6 purposes |
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001 |
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marginal summary sheet |
1 |
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recto |
d3 / f13 |
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john herbert koe |
th 1806 |
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andre morellet |
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1806 |
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