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For the particular modification of improbity, called mendacity,
the objections lie stronger against the English judge
than against the English advocate — itself a stronger case
than that of the convicted perjurer. the Judge won't steal
your spoons; but he will beat the thief in lying. The special
pleaders from his first entrance into the profession, never knew
what it was to set his hand to a single paper without a lie
in it. The technical system is a hot-house of mendacity;
the advocate is picked not in due time from the bed of special
pleaders, or Chancery draughtsmen, and is trained up in this
store, — the judge is the advocate run to seed. It is true
as in the Court of Exchequer, the same robes include two sorts
of judges, a common law judge, and equity judge, whose
vocation consists in thwarting the proceedings of each other, so
in every Court it may happen to the same envelope, to contain
two sorts of human beings, a veracious individual, and a
perpetually lying judge. If the demon of exclusion, however,
must have pickings, let judges and advocates be the first:
Judico me cremari was the decision of Judge Blackstone's
righteous pope; take that case for your precedent, and say,
judico me excludi.
Blackstone's Rationale of Evidence
5 v — P 117. —
Identifier: | JB/149/328/002 "JB/" can not be assigned to a declared number type with value 149.
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copy/fair copy sheet |
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[[watermarks::w & f fincher 1831 [lion with crown emblem]]] |
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1831 |
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50182 |
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