30 Jan y 1805

Evidence

Securities

Ch. Engl. Proleg.

''.1

In marking out the course /in some of its proudest lines in England/ /in its various /[...?]/ situations/ taken under the English System /of English origin/ in relation to the operations in question - viz: the receipt and extraction of testimony, I shall begin with that mode of procedure which either coincides exactly or at least comes nearest to a coincidence with the patterns exhibited by the above rules. I shall then exhibit in their order the several ulterior variations, placing first those in which the aberration is least important, and bringing successively to view the instances in which it is wider and wider, the mode pursued more and more vitious /defective abundant in imperfection/, and the means employed worse and worse adapted more and more incongruous and unconducive with reference to the professed end - the avoidance of mis-decision - the fulfilment of the predictions delivered in each case by the substantive branch of the law: so in other words the due administration of genuine and substantial justice.

Under an arrangement thus described, of the two grand /main/ divisions of existing /the system of established/ procedure, the Summary and the regular the former can not fail of taking the precedence /occupying the first place/: that which having had justice for its end /the real end of its institution/, has been /will/ suffered to accommodate itself. and actually has accommodated and does accommodate itself with almost compleat success, to that its only legitimate end seats itself of course /takes[?] its station/ in the first place: after that comes the mode /system of arrangements/ which having had authorized[?] plunder for its object, owed the shares /privileged/ in the spoil for its authors, the due administration of justice for its collateral and accidental, though happily in no small /to a certain inconsiderable/ degree its eventual effect, has been but too happily adapted to its not professed /named/ but not the less steadily pursued sinister end.