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<p>his own Bench in Westminster Hall, present at<lb/> | |||
every cause.</p> | |||
<p>At the early period in question in the<lb/> | |||
instruments still extant under the name of <hi rend="underline">Writs,<lb/> | |||
King addresses himself to Judge and says — "These<lb/> | |||
"People are troublesome to me with their noise: see<lb/> | |||
"what is the matter with them and quiet them —<lb/>"ne amplius clamorum andiamus" —</hi></p> | |||
<p>Thus far explicitly and in words, Implication<lb/> | |||
added a postscript. "This will be some trouble<lb/> | |||
to you: but the labourer is worthy of his hire."</p> | |||
<p>Nothing better could Judge have wished<lb/> | |||
for. All mankind to whom, and all by whom<lb/> | |||
injury had been done or supposed to be done, were<lb/> | |||
thus placed at his mercy: upon the use of his power,<lb/> | |||
he had but to put what price he pleased. To every<lb/> | |||
one who regarded himself as injured, his assistance<lb/> | |||
was indispensable: and proportioned to plaintiffs<lb/> | |||
assurance of getting back from defendant the price<lb/> | |||
of such assistance, would be his (the Plaintiffs) readiness<lb/> | |||
to part with it. To the defendant, permission<lb/> | |||
to defend himself was not less indispensable. As<lb/> | |||
to pay all the Judge had to choose was between high<lb/> | |||
fees and low fees. High fees left at any rate more<lb/> | |||
ease: but the higher they were, the less numerous, the<lb/> | |||
lower the more numerous the hands by which they<lb/> | |||
could be paid. Thus it was, that, by Kings, what<lb/> | |||
was called Justice was administered at next to no<lb/> | |||
expence to themselves, the duly persons by whom the<lb/> | |||
burthen was borne, being the already afflicted. Bad<lb/> | |||
enough this: but in France it was still worse. Independently</p> | |||
<p>8.</p> | |||
<p>of the Taxes, imposed under that name<lb/> | |||
directly, on the proceedings, profit by sale of the<lb/> | |||
power of exacting the Judges fees, was made a<lb/> | |||
source of revenue: and hence, instead of four<lb/> | |||
benches with one Judge, or at most four or five<lb/> | |||
Judges on a Bench, arose all over the Country<lb/> | |||
large Assembly rooms full of Judges, under the<lb/> | |||
name of <hi rend="underline">Parliament.</hi></p> | |||
<p>Of the Devices to which we shall now<lb/> | |||
intreat the attention of the Honorable House,<lb/> | |||
the following are the results —</p> | |||
<p>I. Parties excluded from Judge's presence.</p> | |||
<p>II. Language rendered unintelligible.</p> | |||
<p>III. Written instruments, where worse than<lb/> | |||
useless, necessitated.</p> | |||
<p>IV. Mendacity, licensed, rewarded necessitated<lb/> | |||
practised.</p> | |||
<p>V. Oaths, for the establishment of the mendacity,<lb/> | |||
necessitated</p> | |||
<p>VI. Delay in groundless and boundless lengths,<lb/> | |||
established.</p> | |||
<p>VII. Precipitation necessitated.</p> | |||
<p>VIII. Blind fixation of times for operations.</p> | |||
<p>IX. Mechanical substituted to mental Judicature.</p> | |||
<p>X. Mischievous transference and bandying of suits.</p> | |||
<p>XI. Decision on grounds avowedly foreign to the<lb/> | |||
merits.</p> | |||
<p>XII. Juries subdued and subjugated</p> | |||
<p>XIII. Jurisdiction, where it should be entire, split<lb/> | |||
and spliced.</p> | |||
<p>9.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
his own Bench in Westminster Hall, present at
every cause.
At the early period in question in the
instruments still extant under the name of Writs,
King addresses himself to Judge and says — "These
"People are troublesome to me with their noise: see
"what is the matter with them and quiet them —
"ne amplius clamorum andiamus" —
Thus far explicitly and in words, Implication
added a postscript. "This will be some trouble
to you: but the labourer is worthy of his hire."
Nothing better could Judge have wished
for. All mankind to whom, and all by whom
injury had been done or supposed to be done, were
thus placed at his mercy: upon the use of his power,
he had but to put what price he pleased. To every
one who regarded himself as injured, his assistance
was indispensable: and proportioned to plaintiffs
assurance of getting back from defendant the price
of such assistance, would be his (the Plaintiffs) readiness
to part with it. To the defendant, permission
to defend himself was not less indispensable. As
to pay all the Judge had to choose was between high
fees and low fees. High fees left at any rate more
ease: but the higher they were, the less numerous, the
lower the more numerous the hands by which they
could be paid. Thus it was, that, by Kings, what
was called Justice was administered at next to no
expence to themselves, the duly persons by whom the
burthen was borne, being the already afflicted. Bad
enough this: but in France it was still worse. Independently
8.
of the Taxes, imposed under that name
directly, on the proceedings, profit by sale of the
power of exacting the Judges fees, was made a
source of revenue: and hence, instead of four
benches with one Judge, or at most four or five
Judges on a Bench, arose all over the Country
large Assembly rooms full of Judges, under the
name of Parliament.
Of the Devices to which we shall now
intreat the attention of the Honorable House,
the following are the results —
I. Parties excluded from Judge's presence.
II. Language rendered unintelligible.
III. Written instruments, where worse than
useless, necessitated.
IV. Mendacity, licensed, rewarded necessitated
practised.
V. Oaths, for the establishment of the mendacity,
necessitated
VI. Delay in groundless and boundless lengths,
established.
VII. Precipitation necessitated.
VIII. Blind fixation of times for operations.
IX. Mechanical substituted to mental Judicature.
X. Mischievous transference and bandying of suits.
XI. Decision on grounds avowedly foreign to the
merits.
XII. Juries subdued and subjugated
XIII. Jurisdiction, where it should be entire, split
and spliced.
9.
Identifier: | JB/081/175/002"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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175 |
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002 |
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copy/fair copy sheet |
4 |
||
recto |
c7 / c8 / c9 / c10 |
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25962 |
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