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Either the Title is good, or it is
a bad one or doubtful
If good it is hard that a man
may at sell what he has a right to
If bad, he will not meet with a
purchaser — or if he does, it is
the purchaser's own folly: when
there is advised enough to be had
if he will take it.
If doubtful, why should not one man
who is willing, deter the chaser, as
well as another?
At present, one man has just as good as and not a whit better chance than another,
If a man brings forfends or pursues a Title that is good for nothing, he will have his labor for his pains, & the
privilege of paying the costs into the bargain —
If he is willing to pay costs and only wants to plague by litigation one who he has a pique to: that
he may do if he pleases, without being beholden to asking the leave of any body
If either buyer or seller make a bad bargain, it is not more than what they are liable
to with a Horse or a House or a Ship or an Annuity or any thing else
If all that is not enough 2argument 1 for the abolition of the restraint, this may be more powerful with some —
done every day, under Sanction of Courts of Justice: & no inconvenience doth arise. #
This is done by the Assignees of
Bankrupts — the method taken
to effecticate the bargain is, for
your the Assignees to the sellers to go at execute
a Letter of Attorney to the
Buyer to sue in their name.
Now if a Title to Money may be bought, a Title to Land or any thing else may be bought too:
If not I should be glad to know the difference.
In a Note.
I had once occasion to see an instance of the mischief produced by these shots — A
Gentleman in his youth had been induced inveigled by a server of Fraud & imposters, to
in the conveyance of an a very considerable Estate — at a great undervalue after some interval he instituted a suit and
Equity to recover it back again — He was driven to being driven to great straights — he entered into
a Treaty with some persons for the selling them a share in it: when it was nearly
concluded the Counsel of one of them advised him it was not safe — It therefore
broke off: and the consequence was the unhappy man being in urgent want of money with the the strongest assurances of success from his
Counsel, was obliged glad to accept compound with the Deft for about 1/4 of what the value of what
would have been his share on the partition.
The Laws against Maintenance and Champerty are curious evidences documents and the moral History
One cannot look for more authentic or more conclusive evidence to prove of the character at once as well of the imperfection
of the Law as and and the lawless and violent/ spirit of the People. So violent and lawless were the
people, that if a number of these agreed in any thing, it was the probability was in favour of their
doing mischief. So ill-contrived and liable to abuse rough & liable to be out of order, was the Law mechanism that if two or three attempted
to set it at work together with the view of doing producing mischief, it was probable they would succeed.
Men had as much, or thought they had as much to apprehend from its exertion as from the event
of it. In some pursuance of these strange notions which seemed to have been but too justly warranted,
the spirit of union among the people was to be broken — and all sympathisers prosecuted.
A man has a suit at Law. Another man supplies him with money to carry it on? It is as
that justice might be done? was it to save rescue poverty from oppression? Impossible, says the Law.
Of all the possible motives,
the probable are but two
then It would be but one out of 2 motives — to The Deft with the thing in dispute had exerted the
of the Lender, or the Deft was his enemy. The Deft The man in the was to be made the an the instrument either of his Avarice
or his revenge.
The Deft was to be harassed
by threats or by expence
into a submission
MAINTEN: & Champerty. [BR][1]
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Identifier: | JB/070/284/002 "JB/" can not be assigned to a declared number type with value 70.
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284 |
mainten: & champerty |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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