8 April 1805

Evidence

Securities

Ch. Procedure Natural

''.12. Exemplified in Summary

In all these Courts the natural, the domestic system /mode/ of procedure, not having been forbidden /prohibited by superior powers/, is pursued /[...?] places/ of course. They may be considered as so many asylums, so many little strongholds /fortresses/, in which justice has still been able to maintain herself /her ground/, after having been driven out of all the others /rest/ /driven out of all others/.

Note (a)

In all these several examples, the constitution of the Court is one point /thing/, the mode of procedure observed in it, another. In all these instances, to compare them one with another /if they be compared/ the constitution of the Court is various /different/. In each it may be better or worse adapted to the particular purpose: but /but in all these instances/ the mode /system/ of procedure pursued by /in/ them, is in principle the same. In all of them it includes /possesses/ the essential features above described /delineated/ /marked out/. The /In this or that instance, the/ constitution of the Court might be more less happily /[...?]/ composed: and if any imperfection in the /that/ constitution injustice, in one shape or other might be the occasional /casual/ result. But be the constitution of these Courts ever so imperfect, the mode of procedure pursued in them is not the less perfect. At any rate in the system /[.../] and [...?] of that system/ of procedure there is nothing to make injustice in any case certain, justice impossible: a property which will be found peculiar to them in contradistinction to the regular Courts.

The contrast /[...?]/ is in no small degree a striking one. /A striking contrast if ever there was one!/ A circumstance common to all these Courts - a very simple circumstance furnishes a clue, which diligently[?] pursued will lead /afford/ to the solution of every difficulty. In those Courts there are no Lawyers. The Judges who sit in them are not lawyers. In these Courts, the hostile and malicious assortment of professional lawyers, law-agents, is not forced upon the suitors.