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<p>1828. Oct<hi rend="superscript">r.</hi> 21.<lb/> | |||
<head>Petition for Justice.</head><lb/> | |||
<note>1 Case<lb/> | |||
Devices<lb/> | |||
I. Parties excluded<lb/> | |||
2. Language unintelligible</note></p> | |||
<p><head>Devices</head></p> | |||
<p>or 1.<lb/> | |||
1. Device 1.<lb/> | |||
1. Parties excluded.</p> | |||
<p>2.<lb/> | |||
Only by indirect means<lb/> | |||
this feasible.</p> | |||
<p>3.<lb/> | |||
Absurdity portentous:<lb/> | |||
Light none let in but<lb/> | |||
through an absorbing<lb/> | |||
and distorting <hi rend="underline">medium</hi>.<lb/> | |||
Evidence from the best<lb/> | |||
source excluded.</p> | |||
<p>4. Purpose<lb/> | |||
Sole purpose, deception.<lb/> | |||
This, in a father of a<lb/> | |||
family, lunacy.</p> | |||
<p>5. Result.<lb/> | |||
Note how adverse this<lb/> | |||
to the ends of justice;<lb/> | |||
to those of Judicature,<lb/> | |||
how necessary.</p> | |||
<p>6.<lb/> | |||
Parties admitted, each<lb/> | |||
at the earliest, each<lb/> | |||
bringing forward what<lb/> | |||
soever is for his advantage<lb/> | |||
– the whole of the<lb/> | |||
case is brought to view<lb/> | |||
at once: each prevents<lb/> | |||
the other from concealing<lb/> | |||
any part.</p> | |||
<p>7. Sincerity Secured.<lb/> | |||
To lying no facility<lb/> | |||
or indulgence.</p> | |||
<p>8.<lb/> | |||
As to sincerity, evidence<lb/> | |||
afforded by<lb/> | |||
voice, gesture and<lb/> | |||
deportment.</p> | |||
<p>9.<lb/> | |||
Party within the<lb/> | |||
grasp of the Judge,<lb/> | |||
ready to be made to<lb/> | |||
suffer for misstatement<lb/> | |||
or misconduct.</p> | |||
<pb/> | |||
<p><head>Devices</head></p> | |||
<p>10. Communication<lb/> | |||
Communication<lb/> | |||
with him throughout<lb/> | |||
the suit securable.<lb/> | |||
Low craft reverses this.</p> | |||
<p>11.<lb/> | |||
Under <foreign>senistiously</foreign><lb/> | |||
interested substitutes<lb/> | |||
all this is reversed.</p> | |||
<p>12. <foreign>Falquations</foreign><lb/> | |||
Natural impossibility<lb/> | |||
in some cases<lb/> | |||
no reason for factitious<lb/> | |||
in any other.</p> | |||
<p>13. Excepting in Penali<lb/> | |||
Cases to which the<lb/> | |||
exclusion extended<lb/> | |||
not: penal cases in<lb/> | |||
which the exclusionists<lb/> | |||
would have been<lb/> | |||
all the worse for it.</p> | |||
<pb/> | |||
<p><head>II. Devices II.</head></p> | |||
<p>Language <hi rend="underline">unintelligibilized</hi>:<lb/> | |||
by this was<lb/> | |||
division 1. the exclusion,<lb/> | |||
accomplished.</p> | |||
<p>2.<lb/> | |||
More difficult than<lb/> | |||
direct may seem the<lb/> | |||
indirect mode: but<lb/> | |||
the language shows<lb/> | |||
the contrary.</p> | |||
<p>3.<lb/> | |||
1. To English speaking<lb/> | |||
succeeded French speaking<lb/> | |||
Judges.<lb/> | |||
2. To English French<lb/> | |||
Judicatories – <del>one insufficient</del><lb/> | |||
3. To English sufficient<lb/> | |||
local judicatories –<lb/> | |||
one insufficient French<lb/> | |||
which stript them<lb/> | |||
all of this power.<lb/> | |||
4. To English popularity<lb/> | |||
Conqueror's absolutism.</p> | |||
<p>4.<lb/> | |||
Under Norman French<lb/> | |||
speaking King, were<lb/> | |||
appointed French speaking<lb/> | |||
Judges.</p> | |||
<p>5. Itinerantly<lb/> | |||
King perpetually on<lb/> | |||
the move, so with<lb/> | |||
him were the Judges.</p> | |||
<p>6. Itinerantly<lb/> | |||
To this train would<lb/> | |||
have to add himself<lb/> | |||
every man who had<lb/> | |||
complaint to make.</p> | |||
<p>7.<lb/> | |||
To both, the only language<lb/> | |||
the Judge could<lb/> | |||
speak or hear was<lb/> | |||
unintelligible.</p> | |||
<p>7*<lb/> | |||
As in British India<lb/> | |||
now, so in England<lb/> | |||
then: except that <del>for</del><lb/> | |||
<add>towards</add> enabling suitors to understand<lb/> | |||
what is going<lb/> | |||
forward some <unclear>exclusions</unclear><lb/> | |||
are apparent in these <unclear>means</unclear>,<lb/> | |||
<unclear>were</unclear> in these.</p> | |||
<pb/> | |||
<p>8.<lb/> | |||
Necessary thence, sets<lb/> | |||
of helpmates two:<lb/> | |||
1. Interpreters.<lb/> | |||
2. Advocates.</p> | |||
<p>9.<lb/> | |||
Closely allied, brethren<lb/> | |||
& so stiled, Advocates<lb/> | |||
and Judges.</p> | |||
<p>10.<lb/> | |||
Between them, Suitor's<lb/> | |||
property being taken<lb/> | |||
possession of<lb/> | |||
was divided.</p> | |||
<p>11. Itinerantly <unclear>Evocation</unclear><lb/> | |||
By this metropolitan<lb/> | |||
yet walking Judicatory,<lb/> | |||
swallowed up<lb/> | |||
was the small fixt<lb/> | |||
local ones.</p> | |||
<p>12. Evocation<lb/> | |||
One case excepted,<lb/> | |||
in a Judicatory from<lb/> | |||
which, if the termination<lb/> | |||
was about to<lb/> | |||
be in his disfavour,<lb/> | |||
the suit would be<lb/> | |||
would not be commenced.</p> | |||
<p>13. Evocation<lb/> | |||
Excepted case. A<lb/> | |||
man determined to<lb/> | |||
ruin an adversary,<lb/> | |||
and risk enough, might<lb/> | |||
commence a suit<lb/> | |||
below to <hi rend="underline">evoke</hi> it.</p> | |||
<p>14. Evocation<lb/> | |||
Evocation was thus<lb/> | |||
more maleficent than<lb/> | |||
Appeal.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1828. Octr. 21.
Petition for Justice.
1 Case
Devices
I. Parties excluded
2. Language unintelligible
Devices
or 1.
1. Device 1.
1. Parties excluded.
2.
Only by indirect means
this feasible.
3.
Absurdity portentous:
Light none let in but
through an absorbing
and distorting medium.
Evidence from the best
source excluded.
4. Purpose
Sole purpose, deception.
This, in a father of a
family, lunacy.
5. Result.
Note how adverse this
to the ends of justice;
to those of Judicature,
how necessary.
6.
Parties admitted, each
at the earliest, each
bringing forward what
soever is for his advantage
– the whole of the
case is brought to view
at once: each prevents
the other from concealing
any part.
7. Sincerity Secured.
To lying no facility
or indulgence.
8.
As to sincerity, evidence
afforded by
voice, gesture and
deportment.
9.
Party within the
grasp of the Judge,
ready to be made to
suffer for misstatement
or misconduct.
---page break---
Devices
10. Communication
Communication
with him throughout
the suit securable.
Low craft reverses this.
11.
Under senistiously
interested substitutes
all this is reversed.
12. Falquations
Natural impossibility
in some cases
no reason for factitious
in any other.
13. Excepting in Penali
Cases to which the
exclusion extended
not: penal cases in
which the exclusionists
would have been
all the worse for it.
---page break---
II. Devices II.
Language unintelligibilized:
by this was
division 1. the exclusion,
accomplished.
2.
More difficult than
direct may seem the
indirect mode: but
the language shows
the contrary.
3.
1. To English speaking
succeeded French speaking
Judges.
2. To English French
Judicatories – one insufficient
3. To English sufficient
local judicatories –
one insufficient French
which stript them
all of this power.
4. To English popularity
Conqueror's absolutism.
4.
Under Norman French
speaking King, were
appointed French speaking
Judges.
5. Itinerantly
King perpetually on
the move, so with
him were the Judges.
6. Itinerantly
To this train would
have to add himself
every man who had
complaint to make.
7.
To both, the only language
the Judge could
speak or hear was
unintelligible.
7*
As in British India
now, so in England
then: except that for
towards enabling suitors to understand
what is going
forward some exclusions
are apparent in these means,
were in these.
---page break---
8.
Necessary thence, sets
of helpmates two:
1. Interpreters.
2. Advocates.
9.
Closely allied, brethren
& so stiled, Advocates
and Judges.
10.
Between them, Suitor's
property being taken
possession of
was divided.
11. Itinerantly Evocation
By this metropolitan
yet walking Judicatory,
swallowed up
was the small fixt
local ones.
12. Evocation
One case excepted,
in a Judicatory from
which, if the termination
was about to
be in his disfavour,
the suit would be
would not be commenced.
13. Evocation
Excepted case. A
man determined to
ruin an adversary,
and risk enough, might
commence a suit
below to evoke it.
14. Evocation
Evocation was thus
more maleficent than
Appeal.
|
Identifier: | JB/081/025/001"JB/" can not be assigned to a declared number type with value 81. |
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1828-10-21 |
or 1, 2-13, 1-13, 7* |
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081 |
petition for justice |
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025 |
petition for justice |
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001 |
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marginal summary sheet |
1 |
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recto |
d2 / e1 |
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john flowerdew colls |
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25812 |
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