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24 March 1805
Evidence
Securities
Ch. Procedure Technical
''. Summary & Regular
A distinction that coincides in some points with the above, is a distinction the terms of which are much more [...?] - viz: that between the summary /the summary and regular/ mode of procedure, and the regular But the terms /appellatives/ in question - natural and summary on the one hand, technical and regular on the other hand - want much of being interconvertible. Taken /[...?]/ in the aggregate, natural procedure as above described is beyond comparison more summary, more expeditiously dispatched than the regular. The former has of course /naturally/ the prevention of delay for its object, the latter as naturally for the reason already mentioned the production of this inconvenience. But in the nature of things it is not in the power of the natural procedure /system/ to be alike summary in all cases. Causes there are of which form a dozen to a score may be begun[?] and ended by the same Judge in the compass of the same day: and happily of a nature thus favourable to dispatch was a /the/ great majority of causes. But if at the commencement of the cause the [...?] of a necessary witness be at the antipodes, the time spent in /necessary to/ a voyage round the globe will be but a part of the span of time necessarily enclosed[?] /included/ between the non-measurement of the cause and the termination of it. In the 2 d and 3 d modifications as above described of the natural system of procedure, the impossibility of summary justice if by summary justice be understood the speedy termination of the cause results from the characteristic circumstances by which the necessity of demand for the correspondent deviations from the shortest and straitest course is produced. In this occasion as in all others, delay /lapse /consumption of/ of time/ is the natural and necessary result of local distance. But natural procedure arises if course arises in every case as being summary; and in proportion as it fails, the failure is the result not of this system considered in itself, much less of the system considered in contradistinction to the technical, but to causes exterior to both, and to each of them alike invincible.
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Title: [24 March 1805 Evidence Securities]Description: 24 March 1805 Evidence Securities Ch. Procedure Technical ''. Summary & Regular# Between technical and regular there is no such coincidence as between their respective opposites, natural procedure and summary. By technical /the technical system of/ procedure I understand that system of procedure - every system of procedure that has had men of law for its authors - men in law left free to act /fashion the system/ by their own powers, in pursuit of their own personal, (what comes to the same thing) professional, and like in either case sinister, ends. By regular procedure is generally and perhaps universally understood - understood by lawyers themselves, by whom the names characteristic of the distinction between the two systems was invented, that same /self-same/ system which has just been mentioned under the name of technical. Whatever application and extent the natural - the in general summary system has received, has been given to it, with or without their approval concurrence /cooperation/, but at any rate against their interests, against their prejudices, and in spite of their reclamations. In their vocabulary, to the very man[?] [...?] the name summary is evidently /manifestly/ attached itself. By summary they understand, and wish others to understand, precipitate, and through precipitation imperfect: a system that in proportion as it is summary wants something of that which is /is deficient in those ingredients which are/ necessary to its perfection /being compleatly suited to its purpose/. That it is regarded by them with an evil eye is manifest not only by its opposition to their sinister interests - not only by their sollicitous[?] [...?], + but by this plain /simple/ and universal fact - the more they have taken[?] to avoid the adoption of /copying of/ it, notwithstanding its under[...?] possession of that [...?] of which as far as can be without the reality and the merit they are on every occasion so sollicitous to obtain the praise.
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Title: [26 Jan y 1805 Evidence Securities]Description: 26 Jan y 1805 Evidence Securities Ch. Common feature By a /the/ fundamental and initial arrangement thus described /of this sort/ the very arrangement which took place of course from the beginning of things, in the domestic tribunal of every private family, and which in the same tribunal as well as every other in which the proper ends of justice are the ends really in view will continue to be observed as long as man is man, the purposes of honest suitors on both sides, the purposes of natural, genuine, substantial justice are compleatly answered, every purpose answered, but that of the sinister interest of the man of law. Accordingly in both systems, and in both with almost compleat success, it has been his object to exclude it. Had it to the last continued to be in his power to exclude it altogether, the distinction I am about to make and the terms which serve for the expression of it would have had no place. This power has not been compleatly commensurate to his interests and his endeavours; and to this /the/ deficiency the involved[?] world is indebted for the distinction between regular and summary procedure. Regular is the inlogistic[?] epithet bestowed on that branch of the system in which the [...?] of it have continued to succeed in their endeavours to exclude form it /each cause/ the less lights the most obvious and most essential principle of justice Summary is the dyslogistic /opposite/ epithet by which they have [...?] the only mode of procedure that is either conductive or bonâ fide /really/ directed to the professed and pretended object /end/: summary, as who should say imperfect, hasty: a mode in which that term and this means have not all of them been employed which would have been necessary to enable the Judge to administer the best, compleatest, purest kind of justice.
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Title: [8 April 1805 Evidence Securities]Description: 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.
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