date

8 April 1805 Evidence Securities
8 April 1805

Evidence

Securities

Ch. Procedure Natural

'.12. Exemplified a Summary[?]

When perfection is /no name is/ spoken of, at least as being the result of human agency, then the mind[?] prepares itself of course for a journey to the region of non-entities: it looks to /for/ /figures to itself/ a state of things which either never existed at all, or has long ceased to exist, and at any rate neither will nor can exist in time future: [...?] the golden age, the age where Man received life, from the work of Prometheus, from the song of [...?] as from the chisel of [...?]/

Learned or unlearned, what /how/ will the [...?] say to himself at hearing /what will a man's [...?] be when he reads/, that in this most difficult department /branch/ of the most difficult science, the image of perfection is /examples of perfection are/ already and every where, before his eyes!

Happily for mankind, exemplifications of this perfection, though thinly scattered, and cramped in their extent, are still to be found every where. With all /Mark of/ their industry, backed by all their power, lawyers have in no country been able to obliterate altogether the footsteps of justice.

In the jurisprudence of every country you find a distinction applied /applying itself/ to modes of procedure, and expressed by some such terms as regular and summary. Under the head of summary, look for an exemplification of the natural system of procedure as above described. To this head belong for example in ci-[...?] France, the mode in use in what are called the Consular Courts.

In England - 1. The Courts held by Justices of Peace, acting singly, or though in number of one of [...?]. 2. Courts Martial. 3. Courts called Courts of Conscience for the recovery of small debts. 4. courts composed of Arbitrators acting under /with/ powers given by consent of parties under the authority of an Act of Parliament. +

+ V.b. 3. Ch.

 Add. 1. [...?] [...?].

2. Branch[?] Constitution Courts.
Similar Items
  • Title: [30 March 1805 Evidence Ch.]
    Description: 30 March 1805

    Evidence

    Ch. English Summary

    ''.3. Courts Martial

    III Summary Procedure - N o 3. Procedure as in Courts Martial.

    Land Military and Naval -

    In the mode of enquiry pursued in these Courts there is not much to distinguish from the work pursued in the two preceding instances: but what there is is to its advantage.

    In the Courts of Conscience or Requests, the evidence is not committed to writing: by accident, yes: but to do so, is not to any particular matter of express duty. In Courts Martial the evidence is constantly committed to writing: to execute this important task, is the duty /business/ of the presiding Judge, whose title - (importing a strange cause[?] of incompatible functions /duties/ as) Judge Advocate.

    In the Courts constituted by Justices of Peace acting singly or in number out of Sessions, the mode of enquiry is, liable to be more or less obstructed by the technical rules of evidence. Why? because in one way or another in the way of non-penal revision, or on the occasion of a penal charge, the conduct of these subordinate magistrates is liable to be called in question by their learned superiors in the Kings Bench, by whom it will be judged of by those pernicious rules. The proceedings of Courts Martial not being in either way subject to be called in question in the King's Bench, justice in those Courts is not blasted by the baneful influence of those rules.
  • Title: [30 Jan y 1805 Evidence Ch.]
    Description: 30 Jan y 1805

    Evidence

    Ch. Engl. Summary

    ''.1. Conscience

    Ch. English Law. Summary Procedure.

     Ordo. Summary not like[?][...?] Regular? its excellence consisting in exception from its defects of the Regular.

    ''.1. Courts of conscience

    1. Summary procedure. N o 1. Procedure as in the Courts of Conscience.

    1. Conscience

    2. [...?]

    3. Martial Military

    4. Martial Naval

    5. Arbitration

    6. Bankrupts

    7. [...?] opposing.

    The composition of these Courts - the number and quality of the Judges - are nothing /points altogether foreign/ to the present purpose. They will be considered in their place By defects in relation to these points, the institutions instead of being beneficial in the degree [...?] by experience, might be bad upon the whole, and the superior excellence of the System /mode/ of procedure pursued in them remain not the less [...?].

    The [...?] so conspicuous in the constitution of these courts in respect of the non-creation of that mass of factitious delay vexation and expence which is no more conducive to justice in one sort of court than in another is another feature, which important as it is belongs not to the present purpose.

    Of the arrangements observed /pursued/ in these Courts such alone belong to the present purpose /head/ as concern the reception and extraction of testimony.

    On this ground all that prodigious /monstrous/ mass of injustice which has been produced /had its origin /existence// by the sinister interests and prejudices of lawyers /men of law/ being excluded along with its authors /creators/ - all factitious /fictitious justice and/ injustice having been shut out, pure and natural justice, the offspring of common sense, takes place /its seat/ /chair/ of course. without effort, and as a matter of course.
  • Title: [31 Jan y 1805 Evidence Securities]
    Description: 31 Jan y 1805

    Evidence

    Securities

    Ch. Engl. Summary

    ''.2. Justices

    ''.2. Procedure before Justices of the Peace, out of General Sessions

    Summary procedure. N o 2. Procedure before Justices of the peace, acting singly, or in the number of two or more, out of Sessions: - in causes in respect of which they profess definitive jurisdiction as well as preparative[?].

    In the respect in question /to evidence/ this modification of summary procedure is nearly though not altogether upon a [...?] in point of perfection with the former. Nearly: because here justice not plunder by color[?] of justice having been the main object, the legislator acting, under the spur of public necessity /especially in pursuit of the ends of finance/, and by the light of common sense, without the advice and in despite of the resistance of his customary guides, has been himself the author. Nearly, not altogether: because here, it not having been practicable without still greater mischief to [.../] the business altogether form the cognizance of the man of law, the course of natural justice in this respect could not be preserved altogether from that disturbance /being distorted in some parts /here and there/ by scientific prejudice/, which it is sure to receive from technical prejudice

    The principal disturbance however is of a sort which belongs not to the present head. It belongs to the head of Exclusion, and will be explained in detail in the book appropriated to that subject. It consists in the refusal to hear any man who knows any thing about the matter, upon any other terms /conditions/ than that of his acting without a motive.