date

28 June 1804 Procedure D 21
28 June 1804

Procedure D

21 (5)

ends

Ch.1.

'.4. Particular Collateral Ultimate

Lastly, satisfaction how pleasant so ever to receive, is a sort of a thing which naturally and most commonly /very frequently/, it is in a still greater degree unpleasant to be made to give. In the class of cases - a very numerous one in which satisfaction and punishment are administered at the same time for the same cause, and demanded, is at least capable of being demanded, by the same suit, the same danger still [...?] the defendant and from the same cause, whether the burthensome obligation thus might be imposed on him be or be not due.

Third and last particular end - branch of the collateral end of procedure - avoiding to administer satisfaction where undue - viz: as before inasmuch as by such administration undue obligations would be imposed.
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  • Title: [23 June 1804 Procedure & Evidence]
    Description: 23 June 1804

    Procedure & Evidence D

    20 (4)

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    Ch.1.

    '.4. Particular Collateral Ultimate

    Moreover, even where punishment, under the name of punishment, is out of the question, the defendant in every cause is exposed in like manner to suffer, due or not due, some one or other of an infinite variety of burthensome obligations. be the right - the right demanded at the hands of the Judge by the plaintiff - what it may, the collation of it, (it has already been seen) can not by any possibility be performed without the creation of a correspondent set of burthensome obligations. When a right is considered as conferred the right is all that is commonly spoken of /in common speech nothing is spoken of but the right/, but no sooner is the right created than the correspondent set of obligations are imposed. In the case where, according to the appointment made /arrangement made //taken// by the legislator, the right is due, the evil produced by the obligations, is or at least ought to be, in the judgment of the legislator outweighed by the good flowing immediately from the right. In the opposite case, the evil, in /according to/ the same judgment either stands single, or at any rate outweights /is preponderant over/ the good.

    Second particular end, branch of the collateral general end of procedure - avoiding to impose obligations where undue, viz: the obligations by the imposition of which undue rights would be conferred: avoiding to confer rights where undue, in as much as by such collation undue obligations would be imposed.
  • Title: [29 April 1805 Evidence Introd]
    Description: 29 April 1805

    Evidence

    Introd

    Ch. 10 Collateral

    '. Vexation from ultimate decision

    For the sake of the illustration afforded by symmetry, it seemed necessary that the indication of this counterpart and antagonist to the general direct end of procedure should be brought to view. But the image presented by it while thus taken in an undivided mass, the image presented by it will be but faint and indistinct, untill upon its depiction the three branches which it envelops are seen /discovered/ rising /springing/ out of it.

    First or modification branch of the undue vexation produced by misdecision to the prejudice of the defendants side of the cause: - administration of punishment when undue

    Second or modification branch. Collation of rights (thence imposition of correspondent non-penal obligation) where undue

    Third or modification branch - administration of satisfaction (thence composition of correspondent obligation) where undue.

    Correspondent ends /particulars/ of the system of procedure - /branches of the ultimate collateral end:/ 1. Avoiding to administer punishment where undue: 2. avoiding to confer rights, where undue: 3. avoiding to administer satisfaction, where undue.
  • Title: [12 June 1804 Procedure 11]
    Description: 12 June 1804

    Procedure

    11 (5)

    Ends

    Ch.1

    3. Particular Main Ends

    In vain would rights of either kind - and in particular consummated rights be created and conferred by the legislator - in vain would the correspondent sort of offences be created - the correspondent obligations imposed - if to the violation of these rights - to the commission of these offences - to the branch of these obligations - punishment, in some shape or other, were not annexed. Punishment taken by itself as an evil: but considered as necessary to the warding off some greater evil, it operates, to the amount of the differences, as a good. But in so far as it is a good, the absence of it - the non-application of it - is an evil /a mischief - an inconvenience/. Wheresoever an offence has been committed, punishment, in some shape of other, exception made for these cases in which pardon is proper /the particular cases which call for pardon +/ may be stated as .said to be/ these: the non-application of it an inconvenience /an evil a mischief/.

    Thus in subordination to the main general end of procedure /the system of procedure, we have on //a// particular end/ - Application of punishment where due application of evil under the name of punishment in a case where no punishment is due is besides the immediate evil attained with a deplorable train of evil consequences. " Hence comes another particular end subordinate to the main (a) general end of procedure: avoiding to apply punishment where not due /undue/.

    + Introd. Ch.│ │ p.│ │

    Dum.[?]

    " Dum.[?]

     (a) or rather collateral?