4 July 1804

Procedure & Evidence

Note

Introd

Ch. Proced. Technical

So far as it rests upon the parties, expence, like vexation, besides being in itself an evil, is an /so/ evil in the character of a cause of other evils: viz: the evils opposite to the several ends of procedure before mentioned. In this character /its prospect[?]/ /[...?]/ the mischief flowing from it will be found much more serious /heavier/ than that /any/ which belongs to it considered in itself, and independently of all consequences. But in this ulterior character it will find its place under a separate head.

The epithet technical is not unknown to the existing system of procedure. Among English lawyers Applied to the word reason, it is in familiar use. On all these occasions /every such occasion/, technical as put /employed/ by euphemism, instead of sham or nonsensical. Connected with this epithet, whatever be the reason, that is the assemblage of words given under the name of reason you will find it on which by a sad [...?] either stark nonsense, or best, /or (what comes to the same thing a mass of words /a proposition/ altogether inclusive and irrelevant: suits /a proposition/ as nothing but power, and prejudice begot /begotten/ by power could have secured from universal contempt, such as never would have passed for a reason without the support given /granted/ by common law, such as would not in any /on the ground /in the field/ of any other branch of science, a/ if the common occasions of life pass for a reason upon any man /man woman/, or child, not so much as upon the man of law himself who uses it by whom it is honoured with that name.