058-413.xml

Title: [6 May 1805 Evidence Securities]

Description: 6 May 1805

Evidence

Securities

Ch. Engl. Law Summary

''5. Bankrupt [...?]

N o 5. Procedure before Commissioners of Bankruptcy.

058-262.xml

Title: [7 May 1805 Evidence Introd]

Description: 7 May 1805

Evidence

Introd.

Ch. Procedure Natural

''.6. Modificat n necessary

Of this sort are the modifications really necessitated by the enlargement given to the scale. But by this circumstance does it in any degree necessitate or so much as exterminate[?] the introduction of these factitious evils of which so many examples from above been brought to view. Is it necessary That decisions should be arguments should be called for unveiled and decisions grounded on points avowedly foreign to the merits? that a good case fully proved should be proved over again by the same evidence?

that commands should be kept secret that more may be plundered for disobedience? that it should be [...?] that is punished for the fault or misfortune of Impronius[?] That the Judge should refuse to set eyes from either suiter, all [...?] him run the gauntlet for his hunger through a time[?] of accursed plunderers?

No, no, indeed., all this mixture /compound/ /mess/ of absurdity and wickedness /[...?]/ is the more conducive to the purposes of justice in a state, than it would be in a family; in those mansions[?] into which matter the wickedness or the folly of them has ever yet entertained a thought of forcing it. No: [...?] and laurel-water are no fitter for the victualling of an army or of a fleet, than they would be of a village or a cottage.

058-257.xml

Title: [7 May 1805 Evidence Introd]

Description: 7 May 1805

Evidence

Introd.

Ch. 12 Procedure Natural

''.6. Modification necessary

Procedure 1. Powers. 2 [...?]

+ Ch. or ''. Modification necessary to fit /adapt/ the domestic System to the purposes of political judicature.

On considering the domestic system of procedure

On considering with a view to its application to the exigencies /field of action/ of a political community the course /system/ of judicature pursued /observed/ in a family two considerations /reflections/ /[...?]/ /observations/ strike at once upon the mind: how beneficial it would be /it would be in the highest degree/ could /that/ any such extended application should take place; and how /that/ impracticable /impossible/ it is that, without considerable addition /modifications/ and alterations, it should be enabled to fulfil the main ends /be [...?] to the fulfilment of the aggregate mass of the ends/ of justice.

Vexation, unnecessary or preponderant, none: expence, absolutely none: delay, none but what is absolutely necessary to the establishment of the justice of the demand /classes/ of just, of the fact of its not being done, of its injustice if not done. This much as to the collateral incidental ends of judicature and as to the [...?] ends, with their counterparts the collateral ultimate ends, if the fulfilment of those ends is, in respect of its certainty, necessarily subjected to those contingencies which have their rest in psychological [...?], at any rate it finds out in its every [...?] fictitious /artificial/ laws set up in such a manner as to render it impossible.

Modifications the family system certainly requires to have undergone, in it can be rendered subservient /have been adapted/ to political purposes: but the modification /when as [...?] about,/ will be found to be rather in denomination than /names than/ in substance, the changes in denomination amounting to little more than what results of necessity from the enlargement of the field of action, from the encreased magnitude of the scale.