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exempted — altogether exempted from it. Distinguished
from all other Persons are suitors, by the vexation which,
as such, they endure. The Security whatever it be,
which, by this vexation, these so dearly pay for, all others
enjoy without it: and on each man the greater the
vexation in other shapes, the higher (it will be seen,)
is the tax: for, the longer and thence the more vexatious
the suit, the more numerous are the occasions, on which
payment of this species of tax comes to be exacted.
What if this faculty, of setting, in the same
way, their own price upon their own service, were
given, (and why might it not as well be given?) to
functionaries in other departments? Say for example
the Military. The business of Military functionaries,
is to give Security against external, of Judicary
functionaries against internal, adversaries — What
if to the Army, power were given to exact whatever
contributions it pleased; so it were from those alone
who had been sufferers from hostile inroads? By those
Military functionaries, this power, has not ever been
received, by judiciary functionaries it not only has
been received, but, to this day, continues to be exercised.
The tax called Ship money found a Hampden
to oppose it — to oppose it — at the expence first of his
money, then of his life. Neither in its principle was
that same Ship money so absurd, nor in its worst
natural consequences would it have been by a vast amount
so mischievous, as this Justice money; for so, with
2.
and Goods. A year or two at Common Law, ten
or twenty years in Equity, would be too long to
wait, before the Criminal wold be apprehended.
But that purpose accomplished, off flies justice:
six months or twelve months as it may happen,
the accused lies in a jail, if guilty; just so
long does he if innocent. But of this under the
head of Delays.
But (says somebody) why say
excluded? When, in any one of these Courts, a
Suitor makes his appearance is the door of
the Court shut against him? Did no instance
ever happen, of a Suitor standing up in
Court, and addressing himself to the
Judge? Oh yes: once in a term or so – scarse
oftener. And why not oftener? Even because
every man sees, nothing better than vexation
is to be got by it. And if at any of what
period can this be? Not at the outset: not till
the suit has run out of an indefinite part of
its destined length: the Judge being in by for the
greatest number of individual suits, from first to
last, invisible: not nor yet an invisible agent,
but an invisible non-agent. Mechanical,
as will be explained, mechanical from
the outset being the mode to a truly admirable
length subsituted to mental judicature. But
15.
Identifier: | JB/081/172/002 "JB/" can not be assigned to a declared number type with value 81.
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081 |
petition for justice |
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172 |
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002 |
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copy/fair copy sheet |
4 |
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recto |
c1 / c2 / c15 / c16 |
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25959 |
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