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<p><!-- pencil -->18 June 1804<lb/> | |||
<head>Procedure</head></p> | |||
<p>Hence came a double and continually encreasing demand for<lb/> | |||
fraud: fraud upon the bystanders, to reconcile them <add>blind their eyes</add> to the extortion<lb/> | |||
practised upon suitors: fraud upon the Monarch, to blind his<lb/> | |||
lofty <add>loftily situated</add> and unscrutinizing eyes to the peculation practiced upon himself.</p> | |||
<p>Fraud is but falshood, <add>falshood</add> in speech or action, uttered in the prospect<lb/> | |||
of some undue advantage. Hence falshood, falshood in<lb/> | |||
all its shapes becomes a necessary <del>and ever active</del> <add>instrument</add> an all pervading<lb/> | |||
principle of <add>in</add> English judicature: the love of it a passion<lb/> | |||
which every English lawyer imbibes with the milk of his <hi rend="underline">alma<lb/> | |||
mater</hi>. Without a fiction in his mouth (for that is the name<lb/> | |||
which <gap/> has bestowed <add>covered thrown over mendacity</add> when applied to the corruption<lb/> | |||
of justice, as if vice thus venomous were as innocent as<lb/> | |||
the play of poetry without a fiction in his mouth, a thorough <add>true<lb/> | |||
old</add> bred English lawyer was never at his case: and howsoever<lb/> | |||
the hereditary fondness <add>passion</add> may be dissembled, it would be difficult,<lb/> | |||
even in those latter days to find find the man by whom it has<lb/> | |||
been disavowed. Even in those latter days, a Judge <del>not more</del> still<lb/> | |||
more elevated above his brethren by <add>his</add> liberality than by <add>his</add> eloquence feared<lb/> | |||
not (for what should have been <del><gap/></del> made him fear?) to speak of fiction <add>this instrument of corruption</add><lb/> | |||
as a most <del>necessary</del> convenient not to say necessary instrument<lb/> | |||
of justice <add>judicature</add>: an implement <del>which</del> <add>the <gap/> of which it was consistent in this, that</add> like the <unclear>Lisboan</unclear> rule<lb/> | |||
could be moulded into any shape.<hi rend="superscript">+</hi> <note><hi rend="superscript">+</hi> Earl Mansfield – L<hi rend="superscript">d</hi> Chief Justice of the Kings Bench</note></p> | |||
<p>By what particular ways and means the favourite instrument became<lb/> | |||
an instrument of extortion and injustice in the hands of its inventors<lb/> | |||
will appear <add>be seen</add> in other parts of this work as occasion serves. Suffice it<lb/> | |||
for the present to remark <add>observe announce</add> that as it <del>had</del> was in the workshop of<lb/> | |||
vice that it was fabricated <add>forged</add>, it will be found as we proceed, to have had<lb/> | |||
mischief of all kinds <add>in all shapes</add> for its work.</p> | |||
<p> Second in the list of false <add>but too <gap/> presumed</add> ends of judicature<add> And thus much for the present, for</add>, profit to the Judge.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
18 June 1804
Procedure
Hence came a double and continually encreasing demand for
fraud: fraud upon the bystanders, to reconcile them blind their eyes to the extortion
practised upon suitors: fraud upon the Monarch, to blind his
lofty loftily situated and unscrutinizing eyes to the peculation practiced upon himself.
Fraud is but falshood, falshood in speech or action, uttered in the prospect
of some undue advantage. Hence falshood, falshood in
all its shapes becomes a necessary and ever active instrument an all pervading
principle of in English judicature: the love of it a passion
which every English lawyer imbibes with the milk of his alma
mater. Without a fiction in his mouth (for that is the name
which has bestowed covered thrown over mendacity when applied to the corruption
of justice, as if vice thus venomous were as innocent as
the play of poetry without a fiction in his mouth, a thorough true
old bred English lawyer was never at his case: and howsoever
the hereditary fondness passion may be dissembled, it would be difficult,
even in those latter days to find find the man by whom it has
been disavowed. Even in those latter days, a Judge not more still
more elevated above his brethren by his liberality than by his eloquence feared
not (for what should have been made him fear?) to speak of fiction this instrument of corruption
as a most necessary convenient not to say necessary instrument
of justice judicature: an implement which the of which it was consistent in this, that like the Lisboan rule
could be moulded into any shape.+ + Earl Mansfield – Ld Chief Justice of the Kings Bench
By what particular ways and means the favourite instrument became
an instrument of extortion and injustice in the hands of its inventors
will appear be seen in other parts of this work as occasion serves. Suffice it
for the present to remark observe announce that as it had was in the workshop of
vice that it was fabricated forged, it will be found as we proceed, to have had
mischief of all kinds in all shapes for its work.
Second in the list of false but too presumed ends of judicature And thus much for the present, for, profit to the Judge.
Identifier: | JB/058/161/001"JB/" can not be assigned to a declared number type with value 58. |
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1804-06-18 |
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058 |
evidence |
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161 |
procedure |
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001 |
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text sheet |
1 |
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recto |
d9 / e4 |
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jeremy bentham |
cw 1799 |
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c. abbit lees |
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1799 |
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18830 |
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