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<head>1828 Aug.</head> | |||
<head>Blackstone</head> | |||
<p>1</p> | |||
<p>Fields judicial, geographical<lb/> & logical with<lb/> correspondent modes of<lb/> division.</p> | |||
<p>2</p> | |||
<p>Geographical mode intelligible:<lb/> so its division<lb/> into <hi rend="underline">Judgeshires</hi></p> | |||
<p>3</p> | |||
<p>Logical unintelligible<lb/> Result, Suits:<lb/> 1. Civil<lb/> 2. Criminal or penal<lb/> 3. Revenue<lb/> 4. Spiritual (to be added)<lb/></p> | |||
<p>4</p> | |||
<p>To judicature revenue<lb/>-ration unnecessary</p> | |||
<p>5</p> | |||
<p>King not rich enough<lb/> bulk of it drawn of suitors</p> | |||
<p>6</p> | |||
<p>Hence, no fee no redress:<lb/> no liberty of self-defence.</p> | |||
<p>7</p> | |||
<p>Plaintiffs' fees paid,<lb/> to produce defendant compliance<lb/> his body was seized<lb/> so ultimately his goods sold.</p> | |||
<p>8</p> | |||
<p>Not paying fees, contempt<lb/> was attributed to him & he<lb/> dealt with accordingly.Sheeps' <lb/> contempt of wolf.</p> | |||
<pb/> | |||
<p>9</p> | |||
<p>Given by King to judge a<lb/> respect-commanding garment.</p> | |||
<p>10</p> | |||
<p>Consequence of fee payment<lb/> 1. Multiplication of fee-yielding<lb/> suits.<lb/> 2. Multiplication of occasions<lb/> for fees in each suit.</p> | |||
<p>11</p> | |||
<p>Effect of industry applied<lb/> to multiplication of suits,<lb/> war between judicatory<lb/> & judicatory.</p> | |||
<p>12</p> | |||
<p>Against every judge, every<lb/> suitor helpless.</p> | |||
<p>13</p> | |||
<p>Against <gap/> by a<lb/> rotten judge, every judge had<lb/> the King to appeal to.</p> | |||
<p>14</p> | |||
<p>King ignorant & otherwise<lb/> occupied.</p> | |||
<p>15</p> | |||
<p><unclear>Weapons</unclear> lies; conveyed<lb/> their King's ears into Parties</p> | |||
<p>16</p> | |||
<p>K.B. & C. B. both operated<lb/> as defendant, imprisoning <lb/> him on the cost of Plaintiff's <lb/>fees.</p> | |||
<p>17</p> | |||
<p>K.B. <gap/> a lie, to justify<lb/> it in seizing CB's defendant<lb/>. C.B. another to<lb/> justify its own defendant.</p> | |||
<pb/> | |||
<p>18</p> | |||
<p>All these & others Judge & Co.<lb/> feeding lies approved<lb/> by Blackstone, when<lb/> called <hi rend="underline">fictitious</hi></p> | |||
<p>19</p> | |||
<p>Thus while violence<lb/> was <unclear>repressed</unclear>, fraud was<lb/> instilled.</p> | |||
<p>20</p> | |||
<p>Lying an indispensable<lb/> instrument of justice:<lb/> but not to be used but by<lb/> Judge & Co.</p> | |||
<p>21</p> | |||
<p>Mendacity necessary to<lb/> justice, as disease to<lb/> health. Yet held unnecessary<lb/> by all judges.</p> | |||
<p>22</p> | |||
<p>To render judicial field<lb/> fertile in fees, manoeuvres<lb/> two:<lb/> 1. Written <hi rend="underline">pleadings</hi> as<lb/>contradistinguished to evidence <lb/>2. Extension of mendacity<lb/> license to <hi rend="underline">suitors</hi></p> | |||
<p>23</p> | |||
<p>From material conversely<lb/> oral pleading, <del><gap/></del> <add>by</add> suitors,<lb/> fees not extractable.</p> | |||
<p>24.</p> | |||
<p>From minutation<lb/> yes in small proportions: <lb/> but writing was not common<lb/> enough. Nor could judge<lb/> pay clerks enough.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1828 Aug. Blackstone
1
Fields judicial, geographical
& logical with
correspondent modes of
division.
2
Geographical mode intelligible:
so its division
into Judgeshires
3
Logical unintelligible
Result, Suits:
1. Civil
2. Criminal or penal
3. Revenue
4. Spiritual (to be added)
4
To judicature revenue
-ration unnecessary
5
King not rich enough
bulk of it drawn of suitors
6
Hence, no fee no redress:
no liberty of self-defence.
7
Plaintiffs' fees paid,
to produce defendant compliance
his body was seized
so ultimately his goods sold.
8
Not paying fees, contempt
was attributed to him & he
dealt with accordingly.Sheeps'
contempt of wolf.
---page break---
9
Given by King to judge a
respect-commanding garment.
10
Consequence of fee payment
1. Multiplication of fee-yielding
suits.
2. Multiplication of occasions
for fees in each suit.
11
Effect of industry applied
to multiplication of suits,
war between judicatory
& judicatory.
12
Against every judge, every
suitor helpless.
13
Against by a
rotten judge, every judge had
the King to appeal to.
14
King ignorant & otherwise
occupied.
15
Weapons lies; conveyed
their King's ears into Parties
16
K.B. & C. B. both operated
as defendant, imprisoning
him on the cost of Plaintiff's
fees.
17
K.B. a lie, to justify
it in seizing CB's defendant
. C.B. another to
justify its own defendant.
---page break---
18
All these & others Judge & Co.
feeding lies approved
by Blackstone, when
called fictitious
19
Thus while violence
was repressed, fraud was
instilled.
20
Lying an indispensable
instrument of justice:
but not to be used but by
Judge & Co.
21
Mendacity necessary to
justice, as disease to
health. Yet held unnecessary
by all judges.
22
To render judicial field
fertile in fees, manoeuvres
two:
1. Written pleadings as
contradistinguished to evidence
2. Extension of mendacity
license to suitors
23
From material conversely
oral pleading, by suitors,
fees not extractable.
24.
From minutation
yes in small proportions:
but writing was not common
enough. Nor could judge
pay clerks enough.
|
Identifier: | JB/031/142/001"JB/" can not be assigned to a declared number type with value 31. |
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|---|---|---|---|
|
1828-08 |
1-24 |
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031 |
civil code |
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|
142 |
blackstone |
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|
001 |
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|
marginal summary sheet |
1 |
||
|
recto |
e1 |
||
|
richard doane |
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|
9828 |
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