26 Jan y 1805

Evidence

Securities

Ch. Common feature

By a /the/ fundamental and initial arrangement thus described /of this sort/ the very arrangement which took place of course from the beginning of things, in the domestic tribunal of every private family, and which in the same tribunal as well as every other in which the proper ends of justice are the ends really in view will continue to be observed as long as man is man, the purposes of honest suitors on both sides, the purposes of natural, genuine, substantial justice are compleatly answered, every purpose answered, but that of the sinister interest of the man of law. Accordingly in both systems, and in both with almost compleat success, it has been his object to exclude it.

Had it to the last continued to be in his power to exclude it altogether, the distinction I am about to make and the terms which serve for the expression of it would have had no place. This power has not been compleatly commensurate to his interests and his endeavours; and to this /the/ deficiency the involved[?] world is indebted for the distinction between regular and summary procedure. Regular is the inlogistic[?] epithet bestowed on that branch of the system in which the [...?] of it have continued to succeed in their endeavours to exclude form it /each cause/ the less lights the most obvious and most essential principle of justice

Summary is the dyslogistic /opposite/ epithet by which they have [...?] the only mode of procedure that is either conductive or bonâ fide /really/ directed to the professed and pretended object /end/: summary, as who should say imperfect, hasty: a mode in which that term and this means have not all of them been employed which would have been necessary to enable the Judge to administer the best, compleatest, purest kind of justice.