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3 June 1804
Procedure. A3 Evidence
Ch. Basis
In this arrangement may be seen, where may be termed /considered as/ the fundamentakl chord in the whole system of procedure /harmony/: it will communicate its cast and colour to all the other arrangements all those others, whither they precede or follow it, will require to be measured /adopted/ and turned /as it were [att...?]/ to it: whither they precede or follow it.
A system of procedure of which this is the basis, may altogether /in the arrangement/ be stated a natural one:- the natural one, for there is but one /no other/there are no more/ for the [...?] of possibility contain no other /furnish not another/: all the others, in endless variety variety[?] of many in contradistinction to them be lumped together under the common name of technical ones. /faced/framed[?] in one part - variety of wretchedness on the other -/ [...?]: which in the dictionary of the English men of law /lawyers/, means /is synonymous to/ ingenious, scientific, wise: in the dictionary of the man of common sense, dishonest and absurd and mischievous /pernicious/: absurd in itself, dishonest in its cause, mischievous in its consequences.
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Title: [3 June 1804 Evidence Ch. Basis]Description: 3 June 1804 Evidence Ch. Basis 6. Adoption Causes [...?] 6. Cause and examples of parental adoption of this arrangement.
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Title: [12 June 1804 Procedure (2)]Description: 12 June 1804 Procedure (2) Basis Domestic Evert family is an empire in miniature. No family in which occasion may not arise for exercising powers of judicature: No family in which occasion does /may/ not here[?] and /now and then/ arise, at one time for concerning transgressions against the advice of the chief, at another time for settling disputes between /among/ the subordinate members. Functions the same in kind, distinguished only in respect of the extent of their operation /of the ground on which they operate/, from those of judicature, are in the bosom of every family in daily exercise. The arrangement above brought to view under the name of the fundamental arrangement of judicial procedure, accordingly is no other than that which naturally being presented by the common use of mankind and of course takes place in the bosom of every private family, as often as the importance of the occasion is such as appears to call for it /warrant it/: as often as the importance of the point thus to be ascertained, is sufficient to counteract the vexation attendant on an examination so conducted - the wound given to the feelings of the persons /individuals/ thus brought into collision with each other in the character of adverse witnesses or contending parties or /and/ adverse witnesses. To no man acting in the character of a Judge, to no man in or out of a family would it occurr to omitt these /voluntarily to these various[?]/ most obvious and efficient securities for trustworthiness in[?] the evidence, if he were /supposing him to be/ sincere and anxious in his wishes to do justice. What if temerity or want of anxiety or want of sincerity - in these [...?] deficiencies are /may/ accordingly be traced, and in the most conspicuous characters, the causes of all those endless deviations by which the infinitely diversified paths /course/ of technical procedure are distinguished from this only natural one.
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Title: [3 June 1804 Procedure. A.1. Evidence]Description: 3 June 1804 Procedure. A.1. Evidence Ch. Basis [...?] Adoption [...?] Ch. 2. Of the natural groundwork /mode of enquiry/ or procedure, in what may be called the ordinary or regular mode /plan/: [...?] [...?] coram judici. [...?].1. True basis of judicature are announced but partially adopted though incontrovertible. A scene[?] /state of things/ must here be indicated /brought to view/ in the first place which in early ages was looked upon as essential to good /just/ judicature, and which the more closely it is examined /contemplated/ into, will the more closely be seen to be so. I mean the appearance of the practice face to face, in the first instance, that is, as soon as their mutual forthcomingness can be obtained, in the person of the Judge. In [...?] in the character of the ordinary or regular mode /plan/ in which this meeting /arrangement/ is considered as the first step as the basis of every thing that follows /whatever he is [...?]/all subsequent arrangements/, so necessary [...?] [...?] was, my considering it as what ought to be considered as the fundamental arrangement. For had I mentioned as that which can be considered consistently with truth as an arrangement ordinary and regularly taken in all established systems of procedure, the lawyers of every nation which is considered as forming /belonging/ to the civilized world ought with truth rise up against me, and proclaim /protest/ with one accord /view/ no representation /statement/, of so [...?] an extent was ever more compleatly groundless.
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