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on the one side demands on the other side -
relevant facts on one side, relevant facts
on the other side - evidence on the one side,
evidence on the other side - all these grounds
for decision are thus at the earliest point of
time brought to the view of the Judge: and by
anticipation, a picture of whatsoever, if any thing,
remains of the suit, pourtrayed in its genuine,
most unadulterated and most instructive
colors.
Of the goodness or badness of each
Suitor's Cause, of the correctness or incorrectness
of his statements, all such evidence is presented
to the Judges view as it is in the nature of
oral discourse, gesture and deportment to afford.
As to mendacity, say in the language
of reproach lying, licence for it could no more be
granted to a party in this supposed state of
things, than to a witness it is in the existing
state of things.
Continue the supposition, for the
truth of whatever is said, every man by whom
it is said is responsible. From the very first,
being in the presence, he is in the power of the
Judge. Moreover, for continuing such his
responsibility as long as the suit renders it
needful - a mode of communication with
him may be settled in such sort, that for
the purpose of subsequent operations, every
missive, addressed to him in that mode may,
unless the contrary be proved, be acted upon as
12.
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time of that disastrous revolution, the local field of
Judicature was found divided into small districts,
each with it's appropriate Judicatory: still remaining-
with small parcels, or faint shades of the power -
are the denominations of those Judicatories - County
Courts, for example, Hundred Courts, Courts Leet, Courts
Baron - In each such district, in the powers of judicature,
sharers, (in form and extent not exactly
known) the whole body of the freeholders. Form of
procedure, the natural, the domestic: natural:
that is to say, clear of all those forms, by which the
existing system - product of sinister art, and
thence so appositely termed the technical -
Stands distinguished from it: forms, all of them
subservient of course to the ends of judicature:
all of them, opposite, as will be seen, to the ends of
justice.
Let not any such charge as that of unwarrantable
presumption attach on the views which we,
your Petitioners, venture thus respectfully to submit
to the Honorable House. Be the occasion what
it may, when by numerous and promiscuous multitudes
expression is given, to the same opinions,
as well as to the same wishes, unavoidably different
are the sources from which those opinions and
those wishes are derived: in some, reflection made
by themselves; in others, confidence reposed in
associates. Among those in whom, in the
present occasion, the necessary confidence is
reposed, are those, the whole adult part of
whose, lives the task has fount devoted to it.
5.
Identifier: | JB/081/174/001 "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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174 |
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001 |
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copy/fair copy sheet |
4 |
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recto |
c5 / c6 / c11 / c12 |
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25961 |
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