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31 Jan y 1805
Evidence
Ch. Engl. Summary
''.2. Justices
One point however there is in which this modification of summary procedure has been found to deviate /does deviate/ from the line of perfection, and which does belong to the present head. It is pregnant with instruction, to any eye that can endure the look at it. Here too the cause of the aberration is to be found, plainly and exclusively to be found in the baneful influence of regular /technical/ procedure.
Among the securities against falshood and mis-decision that which is afforded by the registration of the evidence has been noticed in its place. But of this operation what were the uses? One main use was the confining each subordinate judge within the scale of duty by the apprehension of the censure[?] from the superintending eye of a superior in office. In the arrangement thus proposed thus held up to view in the character of a proper one, his things were necessarily though tacitly supposed: that a system /line/ /course/ of procedure to be observed by /conformed be/ the subordinate had been chalked out for him; and that that course was a rational one, adapted to the several direct and collateral ends of justice. Unfortunately in English law neither of these conditions has ever been fulfilled. By making of laws[?] there is nothing at all to be got, at least by lawyers: by banishing as for the breach of laws, where laws are supposed to have been broken though [...?] were ever made /have as yet been made/, there is a great deal to be got, and to be got by lawyers. When guided by the light of natural justice a country gentleman /an unpaid Judge/, along with the purest intentions in the character of a Justice of peace, in execution of the same branch of the substantive law committed to his charge, had decided accordingly, entering upon paper and thus making known to all who chose to know, the grounds of his decision in respect of fact
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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.
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Title: [31 Jan y 1805 Evidence Ch.]Description: 31 Jan y 1805 Evidence Ch. Engl. Summary ''.2. Justices Such has become /is now/ the usual course as often as one addition has been made to the plan of action of summary procedure: which is little less than to say as often almost as any considerable addition has been made to the body o the laws. Arbitrary power /Tyranny/, instead of being promoted is concealed /covered up/: and by being covered up encouraged: The expedient would be as indefensible as in default of the only proper one it is become necessary, if regular /technical/ procedure were not a worse nuisance /evil/ than any of those incongruities which, if the /a/ curtain were not thus let down /drawn/ before its eyes, it would pretend to rectify.
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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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