22 July 1804

Procedure

(1)

Enquiry Mode

Ch. Objection. No Jury

'.4. 3. No - Jury not complained of.

'.4. Want of Jury Trial nnot complained of, where the mode is alike beneficial to Men of Law.

If absence of a Jury were a law, men of law are so desirous of seeing it believed to be, a bar to justice, by dar the greater part of their practice according to their own [...?]/, would be a mass of indefinable abuse /be irreconcilable to justice/. Individually taken The question of fact on the occasion of which a Jury is called in are but as one say to two, half a dozen - half a score, a whole dozen or a whole score, to the questions in which this precluded sine quâ non to good judicature is shut out.

Considered in this point of view - with reference to the use made or not made of Jury judicature - the questions of fact that come under the cognizance of the several Courts of justice may be divided into three classes - viz:

1. Questions decided with assistance of a Jury, by the mode of enquiry termed Trial by Jury:

2. Questions decided in the Common Law Courts, by the professional Judges without Juries being introduced by Motions: applications made to them in open Court by Advocates, the allegations and evidence in which they are grounded being exhibited at the same in the form of prepared written statements called Affidavits /sanctioned by Oaths, and called Affidavits //guaranteed by the sanction of an Oath//.

3. Questions decided in the Equity Courts, after having been introduced /brought in/ by a prepared written statement called a Bill in Equity. exhibited by the Plff without oath, and answered by the Defendant by a written instrument, called an Answer in Equity delivered in upon Oath, in the manner of an Affidavit.