14 July 1804

Procedure and Evidence

13 Note

In English law the whole body of the system of procedure is divisible into two branches distinguished by the appropriate names, summary and regular. Examples of the summary mode are the mode observed by the justices of the peace ---- out of general ---- and the mode observed in the courts for the receiving of small debts, technically called courts of requests, commonly called courts of conscience.

The summary in its leading principles, is exactly conformable to /------, as far as the difference/ in respect of the occasion, admitts with what may be termed the natural - the domestic mode. Though susceptible of improvement here and there by the establishment of this or that particular security against this or that species of inconvenience, it may in its leading principles be exhibited /held out to view/ as a mode of perfection.

The regular branches out into varieties in abundance: but taking it in the least ------ /depraved/ of them all, whatsoever that may be, it may be pronounced a corruption of the summary mode, a ceaseless deviation from the summary mode: and taking it in the aggregate an elaborate system of arrangements, produced /-----/ by the pursuit of sinister ends operating in compleat and constant repugnancy to every one of the ends of justice /legitimate ends of procedure/.

The regular branches out into a number [of] varieties in abundance: each of which will be examined in its place: in the meantime --- but this much may be said of all of them /every one of them/, viz: that in exact proportion as it deviates from the summary mode, it deviates from the several ends in question /legitimate ends of procedure in question upon each occasion/ - the ends of justice. In the summary mode no quirks or quibbles make their appearance: in the regular mode, the equity branch is but too abundantly infected with them, in the common branch they are so abundant that upon a general view it seems composed of nothing else.