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29 April 1805
Evidence
Introduction
Ch.1. Evidence &
Procedure
Compared with the whole or with the remainder, a part of any work or system of operations can not but have in view /be directed or at least[?] require to be directed to/ the same end. The end therefore, with its immediate relation and dependencies - the common end will be a topic appertaining in common[?] to the topic /subject/ of the two works - a work /the rationale/ on the subject of evidence and a work /the rationale/ on the subject of procedure. To This part therefore a place could not be refused in the present work: it could not be posted off to any other. /eventually succeeding one publication./ Of two works so intimately connected, it can not however be expected than in either all mention or reference should be avoided of /to/ the other. In and between[?] all branches of science, lines of demarcation, such are the [...?] of human weakness [...?] be drawn, but it is seldom indeed that they can either be drawn straight in the first instance, or secured against encroachment on either side.
To Evidence will be referred what concerns the admission or exclusion, the approbation, of testimonial and other evidence and the guard against such /the/ deception of which it is /so be[?] it[?]/ apt to be productive. To procedure, the arrangements /operations/ necessary and proper to be employed /[...?]/ for the obtainment of it. In a work of evidence accordingly, the source of evidence whatsoever it be, person, thing, written document is supposed to be forthcoming: but the quality of it - the weight it is entitled[?] to act with at the scale, depends too much on the mode /operations/ in which it is extracted from that source, to admitt of posting[?] off the theory[?] /rationale/ of these operations to any work what concerns the direct[?] the rationale of those operations.
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Title: [29 April 1805 Evidence Procedure]Description: 29 April 1805 Evidence Procedure Ch.1. Evidence &Procedure Introduction Containing matter common to the subject of Evidence and Judicial Procedure. Ch.1. Relation of Evidence to Procedure. The rationale of evidence is but as a branch to the trunk if not rather as the kernel to the nut, to of the rationale of procedure. Exhibition or receipt of evidence /Attention to /Consideration of/ the evidence/, though a principal operation, is but one out of a number of operations /transactions/ /which come to be performed/ in the course of a Judicial Enquiry. Such however is its comparative importance, and so distinct is it /this topic/ in its nature from the rest /By its importance however, and its distinctness from the rest of what relates to this part of the business/ its distinction and above all the quantity of discourse requisite for searching it to the bottom, that a work on this subject and of such an extent could not be without a bit[?] of palpable incongruity have been enclosed in the belly /bowels/ of a work on the subject of procedure. In point of importance, if any comparison in this respect could be made among the mutually necessary parts of an aggregate whole /respect were not like a comparison in this respect between the belly and the members/, it might be a match for all the others put together. In respect of distinctness /Respecting separation/, it is so distinct is it from all details of procedure, as to form quite a separate subject of inquiry, applicable to a variety of other purposes and in correspondent variety suited to the purposes /demands/ /exigencies/, views and studies of other classes of readers. Science in all her branches, religion herself, rest on evidence in their support: both shrink with horror from the details /labyrinth/ of judicial procedure.
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Title: [Dec 1805 Evidence Introd]Description: Dec 1805 Evidence Introd Ch Ends [...?] . Practical use . Practical uses of the indication of the true ends. Admitting /If it be admitted that/ the list above /here/ given of the ends of justice to be /in the character of a/ at once compleat and correct, and that the course of procedure /the system of/ ought exclusively to be directed to the attainment /accomplishment/ of the ends of justice divers results, alike simple and important, will ensue. 1. That For any arrangements that may any where have been proposed in relation to the system of procedure, no reason can ever be given, no consideration, that can prefer any just claim to be considered in the light of a reason, can be brought to view, that does not consist in the indication of the conducement[?], of the arrangement in question to some one or more of those several ends /objects/. 2. That on this account in any work that can profit any just claim to be considered as exhibiting a just view of the rationale of procedure, the mention of these several ends must be successive[?] /continual/, presenting itself at almost every page. 3. Thus The reader therefore, if it happens to him to prefer and utility to all other considerations, will neither be surprized or offended at the continual reference which in the course of the present work he will find made to these leading objects, nor therefore to the continual repetition and monotony which are the inseparable accompaniments /[...?]/ /result/ of a methodical and ever /throughout/ consistent adherence to a Several number /short list/ of leading /fundamental/ principles and consequently leading terms 4. In no other work as yet extant has any such compleat enumeration been made or attempted to be made: nor in particular in any work that has ever issued from the few of any professor either of Roman or of English law.
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Title: [10 Apr. 1803 Evidence Connection]Description: 10 Apr. 1803 Evidence Connection Introd. Ch. 2 part is not contained /included/ in the part now /thus/ posted off, will be submitted to the reader in this place. /included in the ensuing pages of this work./ In the part here exhibited will be comprized the whole of the speculative matter which I have to deliver relative to this subject. To the subject of Procedure will be referred the principal share of that part which is of a practical cast /complexion/ - which wears a practical complection upon the face of it. On /It is on/ the subject of Procedure /that/ occasion will present itself for speaking of the various steps that require /come[?]/ to be taken in that intricate career in pursuit of the progress towards the main end or object which is at the end of it. Among these steps will be several bearing a manifest relation to the subject of evidence! But if all rules and suggestions which take upon them to point out the steps proper to be taken on any occasion, the complection is plainly practical. It is because /But the designation of/ the practical suggestions relative to the steps proper to be taken on the subject of procedure will be found necessarily intermixed and intimately blended with the designation of the steps relative to other points comprized within the field of procedure: at the same time that the speculative matter /considerations/ necessary for the elucidation of the subject will be found to have no immediate application to those practical suggestions, or to the steps which are respectively the subjects of them. From these circumstances /considerations/ result those views of convenience by which the division thus made of the subject between the two[?] treatise /works/ has been prescribed.
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