Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.Swazey, John B.
Philosophy
Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.
Swazey, John B.
England -- Social life and customs
Not the least attention is really paid to equity, but only to the
_decrees of the Court as recorded_. A Suitor petitions for redress.
The petition is not examined to be determined upon the matters therein
stated. First--The _Petition_ must be in all respects in due form,
according to the recorded rules. Second--The matter of it must be
such as the Court will consider, and such as may come before the
Court. Third--Are the Parties in the Jurisdiction, and are all the
parties who may be interested, duly notified and present; or, if not
present, accounted for. Fourth--Are the matters for the Court only,
or must it be assisted by some petty judges to ascertain the facts.
Fifth--The petition being at last before the Judge, he may not look
into it, unless the Lawyers look into it with him; and, then, no
opinion (decree) can be given until the Records are fully examined,
to discover if anything of the sort _has been_ relieved. If a similar
case be found, then the petitioner is called upon to prove his case as
stated in his petition; and, if he fail to prove his exact case (though
he may make a stronger show for relief), he is ordered out of Court,
and condemned to heavy costs (tin-tin). If the case be proved, then
the Judge _reserves his judgment_. For he must very carefully compare
all the cases, examine all the voluminous Records, besides examining
the innumerable Papers which have grown up around the Petition during
all the proceedings (often spreading over many years), before he dare
to order the recording of his _decree_. For, this done, he has added
another Case to the King's conscience; that is, to the highest form of
Law and of human Justice!
He dare not do this unless justified by the Records; interminable,
stretching backwards to the first King who pretended to have a
conscience; obscure, contradictory--he dare not unless justified by the
Records--_Precedents_. If he mistake, grossly, he will be certain to be
called to account by the Lawyer-Caste, who make a business of seeking
for discrepancies; in fact, he is bewildered--not by the case; that
is simple, or _was_ originally, simple enough; but, by the arguments
of the Lawyers, the documents overlying and enveloping the case, _and
by the difficulty of deciding according to the Precedents_. Could he
merely announce his _own_ judgment, there is no difficulty--but that is
the last thing to be thought of--in truth, if reduced to _that_, he is
bound to refuse any relief, however clear it is that _equity_ requires
it!
Thus the Judge, old and wearied; a man tottering over his grave,
feeble, irresolute, takes the course which maybe looked for--and
postpones, and postpones; other like cases accumulate on his hands; he
dismisses some, "reserves" others, _refers_ to another judge what he
can decently, decides none! Or only those which are petty, or those
which are really unopposed, or those exciting no interest.
Public-domain text, read in full here on John Shaqi.
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