26 April 1805

Evidence

Ch. Ends.

' 2. Procedure, what

General End

'.2. Procedure, what - General end of Procedure

In every established body of law, in whatsoever nation or political community established, two sets of arrangements may be distinguished.

In one /One set is occupied/ /The occupation of one is/ in the creation and allotment of rights with their correspondent obligations: and thereby in creating and marking out for punishment offences, and thereby also in so far as its arrangements are conformable to the dictates of utility, in rendering services[?]. for satisfaction such offences as operating to the prejudice of assignable individuals, come under the denomination of injustice.

In these several operations are virtually[?] but /and/ necessarily included, so many correspondent predictions (and engagements): viz. that of the rights so allotted the enjoyment will be secured - that to the acts so erected into offences and /or/ injuries, and in that quality marked out respectively for punishment and satisfaction, punishment and satisfaction shall accordingly be [...?] /applied/.

These predictions, as towards every person interested in the fulfilment of them, that is to say, as towards every person to whom the rights the enjoyment of which is so intended or declared to be secured or allotted, have, on the part, and at the charge of the legislator the effect of engagements: inso much that if in the instance of any of the rights for the creation, allotment and security of which a correspondent offence is /has been/created, that is a correspondent obligation imposed, in the event /case/ of the obligation, not being submitted to, and thence a correspondent offence being committed, the punishment and satisfaction declared to be allotted to such offence fail of being administered, the engagement so entered into is violated.