Fix footnote bodies
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@ -168,46 +168,46 @@ actual suits in which this kind of oppression is practised; but we are
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to include all those cases in which the fear of such oppression is used
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as a weapon to compel men into a surrender of their rights.
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[Footnote 99: _2 Sullivan Lectures_, 234-5. _3 Blackstone_, 274-5, 376.
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Sullivan says that both plaintiffs and defendants were liable to
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amercement. Blackstone speaks of plaintiffs being liable, without saying
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whether defendants were so or not. What the rule really was I do not
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know. There would seem to be some reason in allowing defendants to
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defend themselves, _at their own charges_, without exposing themselves
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to amercement in case of failure.]
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[^99]: _2 Sullivan Lectures_, 234-5. _3 Blackstone_, 274-5, 376.
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Sullivan says that both plaintiffs and defendants were liable to
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amercement. Blackstone speaks of plaintiffs being liable, without saying
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whether defendants were so or not. What the rule really was I do not
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know. There would seem to be some reason in allowing defendants to
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defend themselves, _at their own charges_, without exposing themselves
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to amercement in case of failure.
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[Footnote 100: When any other witnesses than freeholders were required
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in a civil suit, I am not aware of the manner in which their attendance
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was procured; but it was doubtless done at the expense either of the
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state or of the witnesses themselves. And it was doubtless the same in
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criminal cases.]
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[^100]: When any other witnesses than freeholders were required
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in a civil suit, I am not aware of the manner in which their attendance
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was procured; but it was doubtless done at the expense either of the
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state or of the witnesses themselves. And it was doubtless the same in
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criminal cases.
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[Footnote 101: “All claims were established in the first stage by the
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oath of the plaintiff, except when otherwise specially directed by the
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law. The oath, by which any claim was supported, was called the
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fore-oath, or ‘Præjuramentum,’ and it was the foundation of his suit.
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One of the cases which did not require this initiatory confirmation, was
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when cattle could be tracked into another man’s land, and then the
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foot-mark stood for the fore-oath.”—_2 Palgrave’s Rise and Progress_,
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&c., 114.]
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[^101]: “All claims were established in the first stage by the
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oath of the plaintiff, except when otherwise specially directed by the
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law. The oath, by which any claim was supported, was called the
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fore-oath, or ‘Præjuramentum,’ and it was the foundation of his suit.
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One of the cases which did not require this initiatory confirmation, was
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when cattle could be tracked into another man’s land, and then the
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foot-mark stood for the fore-oath.”—_2 Palgrave’s Rise and Progress_,
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&c., 114.
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[Footnote 102: Among the necessary expenses of suits, should be reckoned
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reasonable compensation to counsel, for they are nearly or quite as
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important to the administration of justice, as are judges, jurors, or
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witnesses; and the universal practice of employing them, both on the
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part of governments and of private persons, shows that their importance
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is generally understood. As a mere matter of economy, too, it would be
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wise for the government to pay them, rather than they should not be
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employed; because they collect and arrange the testimony and the law
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beforehand, so as to be able to present the whole case to the court and
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jury intelligibly, and in a short space of time. Whereas, if they were
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not employed, the court and jury would be under the necessity either of
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spending much more time than now in the investigation of causes, or of
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despatching them in haste, and with little regard to justice. They would
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be very likely to do the latter, thus defeating the whole object of the
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people in establishing courts.
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To prevent the abuse of this right, it should perhaps be left
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discretionary with the jury in each case to determine whether the
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counsel should receive any pay—and, if any, how much—from the
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government.]
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[^102]: Among the necessary expenses of suits, should be reckoned
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reasonable compensation to counsel, for they are nearly or quite as
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important to the administration of justice, as are judges, jurors, or
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witnesses; and the universal practice of employing them, both on the
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part of governments and of private persons, shows that their importance
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is generally understood. As a mere matter of economy, too, it would be
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wise for the government to pay them, rather than they should not be
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employed; because they collect and arrange the testimony and the law
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beforehand, so as to be able to present the whole case to the court and
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jury intelligibly, and in a short space of time. Whereas, if they were
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not employed, the court and jury would be under the necessity either of
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spending much more time than now in the investigation of causes, or of
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despatching them in haste, and with little regard to justice. They would
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be very likely to do the latter, thus defeating the whole object of the
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people in establishing courts.
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To prevent the abuse of this right, it should perhaps be left
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discretionary with the jury in each case to determine whether the
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counsel should receive any pay—and, if any, how much—from the
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government.
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