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<!-- headings and marginal paragraph headings in pencil --> <p>31 May 1804</p> <head> Evidence</head> <p><note><sic>Ch. | <!-- headings and marginal paragraph headings in pencil --> <p>31 May 1804</p> <head> Evidence</head> <p><note><sic>Ch. Justiciab<hi rend="superscript">y</hi> Engl.</sic> Law<lb/> <sic>Outlawry</sic></note><lb/> (3</p> <p><note>7<lb/> Sequestration <foreign> in<lb/><hi rend="underline">manui possesorium</hi></foreign><lb/> not practicable at<lb/> the early period at which<lb/>arrangement for the<lb/><del>purpose of</del> <add>securing</add> <gap/><lb/> were first made —<lb/> Historical cause<lb/>want of newspapers —<lb/> letter-press, all<lb/> means of regular<lb/> and comprehensive <lb/>promulgation</note></p> <p>The reason no point of utility is <del>one</del> thing: the historical <lb/> reason or efficient cause, how from <unclear>sources</unclear> men of law are<lb/> to confound them, is another <hi rend="superscript">[+]</hi> <note> [+] In English law, the<lb/> <del><gap/></del> latter is most<lb/> commonly, the former<lb/> scarce ever to be found</note> <add>In the present case</add> The reason in point of utility<lb/> not existing, is <sic>till</sic> <sic>discoverable:</sic> <add><sic>undiscoverable</sic></add> the historical reason<lb/> may be assigned <add>pointed out/is <del><gap/></del> obvious enough</add> without difficulty. In the infancy of the<lb/> law — at the period when arrangement for this purpose <add>on this occasion</add> were first<lb/> made no <del>regular</del> post, no newspapers, no regular<lb/> no comprehensive means of promulgation.</p> <p><note>8<lb/> The actual mode<lb/> of <gap/> promulgation<lb/> enhances vexation<lb/>and <sic>expence</sic> without <lb/> contributing any<lb/> thing to the professed<lb/> object.</note> </p> <p>Accordingly <del>the</del> when continued down to the present times<lb/> the means of promulgation <add><sic>divulgation</sic></add> provided at those early times, are<lb/> much worse than none: what they contribute nothing to is<lb/> the professed <add> their pretended</add> purpose: what they do <add>the purpose</add> contribute to is — the<lb/> common termination of not final cases <del>of almost</del> in which every<lb/> arrangement terminates is the plunder of the Suitors. An<lb/>Attorney who <add>or his Clerk, else</add> asks for the Sheriff goes to a public house, <add>calls for a room, and shuts the door</add> mutters<lb/> the customary <del>nonsense</del> <add><del>a quantity of</del> jargon</add> to himself the customary jargon:<lb/> this makes the public house the <unclear>timely Court</unclear>: <del>and the<lb/> not knowing what</del> operates as notes to the defendant<lb/> whether he be in the same quarter of the globe or another,<lb/> and <del>the</del> <add>his</add> not knowing what it was impossible for him<lb/> to know, affords the pretence of ruining him under the denomination <add>in the character of a criminal and</add><lb/>of an <hi rend="underline">Outlaw</hi>.</p> <p><note>Wilkins case.<lb/> <unclear>State</unclear> Trials Vol XI.p.<lb/> Burrows Reports.</note></p> | ||
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31 May 1804
Evidence
Ch. Justiciaby Engl. Law
Outlawry
(3
7
Sequestration in
manui possesorium
not practicable at
the early period at which
arrangement for the
purpose of securing
were first made —
Historical cause
want of newspapers —
letter-press, all
means of regular
and comprehensive
promulgation
The reason no point of utility is one thing: the historical
reason or efficient cause, how from sources men of law are
to confound them, is another [+] [+] In English law, the
latter is most
commonly, the former
scarce ever to be found In the present case The reason in point of utility
not existing, is till discoverable: undiscoverable the historical reason
may be assigned pointed out/is obvious enough without difficulty. In the infancy of the
law — at the period when arrangement for this purpose on this occasion were first
made no regular post, no newspapers, no regular
no comprehensive means of promulgation.
8
The actual mode
of promulgation
enhances vexation
and expence without
contributing any
thing to the professed
object.
Accordingly the when continued down to the present times
the means of promulgation divulgation provided at those early times, are
much worse than none: what they contribute nothing to is
the professed their pretended purpose: what they do the purpose contribute to is — the
common termination of not final cases of almost in which every
arrangement terminates is the plunder of the Suitors. An
Attorney who or his Clerk, else asks for the Sheriff goes to a public house, calls for a room, and shuts the door mutters
the customary nonsense a quantity of jargon to himself the customary jargon:
this makes the public house the timely Court: and the
not knowing what operates as notes to the defendant
whether he be in the same quarter of the globe or another,
and the his not knowing what it was impossible for him
to know, affords the pretence of ruining him under the denomination in the character of a criminal and
of an Outlaw.
Wilkins case.
State Trials Vol XI.p.
Burrows Reports.
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