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31 Jan y 1805
Evidence
Securities
Ch. Engl. Summary
''.2. Justices
as well as law, all of a sudden he found himself prosecuted, and in due time punished. Punished? - and for what? For having broken this or that jurisprudential rule of procedure - this or that one of the number of that inexhaustible stock of laws that never had been made. What was to be done? Procedure put an absolute veto upon the attempt to serve the public on such terms: under the yoke of a tyranny, which from /by/ being itself exempt not only from punishment but from reproach of any kind was but so much the more intolerable. What was to be done? Either since security was to be given against [...?] of this kind, or every man who was most competent to this necessary branch of public service would shrink from it, and thus society would fall to pieces. The [...?] remedy[/] it is but repetition to say would have been to draw up a system of summary procedure, and that a rational one which is as much as to say such would have run counter in /throughout in opposition - to/ every point, and cast shame upon the regular /technical/ mode. For this as for all other tasks, a man of ability and willingness would have been necessary. Of willingness howsoever it might have been in respect of ability, not a particle was to be found any where among men of law of ability, not to speak of willingness adequate to such a labour including that of combating the inevitable opposition of men of law no sufficient stock was to be found elsewhere. On this occasion as on so many others, the resource was - to cut the knot instead of untying it. A blank form of conviction was to be drawn up for the use of the non-professional Judge, and that form filled up and signed, the judgment, unless in case of corruption or other criminal misconduct, was to be unassailable.
+ To untie the know would have required labour: to cut it required none.
+ (for this is among the cases in which adequate utility can scarce exist without willingness)
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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: [31 Jan y 1805 Evidence Ch.]Description: 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: [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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