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Explanations (we are sensible) are requisite. Explanations
follow.
1. Device the first. Parties excluded from
Judges presence. Demandant not admitted to
state his demand; nor Defendant his defence
admitted then only when and because they
can not be shut out: admitted, just as strangers
are admitted without the power of acting for
themselves.
In this device may be seen the hinge, on
which all the others turn: in every other, an instrument
for giving either existence or effect, or continuance,
to this indispensable one.
Only by indirect means could an arrangement
so glaringly adverse to the ends of justice
have been established: these means, (it will be
seen,) were — the unintelligible language and
the written pleadings.
At the very outset of the business, the
door shut against the best evidence: evidence in
the best form, from the best sources. No light let
in but through a combination of mediums, by which
some rays would be absorbed, others refracted and
distorted.
No information let in but through the
hands of middle men, whose interest it is that
redress should be as expensive, and for the sake
of their share in the expence, as tardy, as possible.
For what purpose but the production of
deception by exclusion put upon truth and admission
given to falshood, could any such arrangement
have been so much as imagined?
10.
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execution and effect to the rule of action: this the
main end. 2 the doing so with the least expence,
delay and vexation possible this the collateral end.
In the main end require to be distinguished
two branches: 1. the exclusion of misdecision;
2. exclusion of non-decision — Non-decision is either
from non-demand or after demand. The first case
is that of simple denial of justice: the other case is
that of denial of justice, aggravated by treachery
and depredation, to the amount of the expence: of
the collateral end, the three branches, delay, expence
and vexation, have been already mentioned.
To these same ends of justice, correspondent
and opposite will be seen to be the ends — the
originally and still pursued actual ends — of judicuture:
from past mis-decision, comes succeeding uncertainty;
from the uncertainty, litigation; from the litigation,
under the existing free-gathering system, Judges
profit: from the expence, in the more immediate,
way, that same sinister profit: from the delay, increase
to expence and thence to that same profit:
from the expence and the delay, vexation: this not
indeed the purpose but the unheeded and thence
recklessly increased result. Of the non-decision and
the delay, ease at the expence of duty will moreover
in vast proportion, be seen to be the intended and but
too successfully cultivated fruit.
Manner in which this mode of payment
took place, this. Originally, King officiated not only as
Commander in Chief, but as Judge. From this reality,
came the still existing fiction, which places him on
7.
Identifier: | JB/081/175/001 "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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175 |
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001 |
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copy/fair copy sheet |
4 |
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recto |
c7 / c8 / c9 / c10 |
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25962 |
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