12 April 1805

Evidence

Ends.

Ch. 2 nd Order

' 3. Precipitation

The matter of fact - or, as we may say, considering them in this point of view, the lights necessary to the formation of a just and sufficient ground for the decision of a Judge, whether it be the ultimate decision, or any preliminary decision, may be thus classed.

1. Evidences - matters of fact of all kinds exhibited in the character of evidence -

2. Arguments - applying on the question of fact - reasonings considerations presented by or on behalf of the parties on both sides in the view of influencing the persuasion to be derived by the judge from the contemplation of the evidence on both sides.

3. Arguments applying to the question of law: to the question whether the facts respectively exhibited by the parties in the character of inculpative or exculpative, aggravative, extenuative, or exceptive /exemptive/ events with reference to punishment - collative or ablative events with reference to rights - right to satisfaction included - and their correspondent obligations are such to which those qualities are to be understood to have been respectively attributed by the law.

4. Steps taken in the course of the litigation, from its commencement to its termination: form the summons or arrest, to the execution of the order resulting from the ultimate decision given by the Judge: which steps, on the part of the parties consist either in the actual exhibition of such evidences and arguments, or in steps of a preparatory kind, tending to bring on, or retard, or prevent the taking of the other principal steps just mentioned.

5. Deliberation held in the case of a single Judge within his own breast - in the case of several Judges each within his own breast and with his colleagues - concerning the decision to be given on the subject of such evidences and arguments - and incidentally, on the occasion of any such step, concerning the propriety of it, or the effect to be given to it.