27 April 1805

Evidence

Ch.1. Ends

' 3. Procedure Branches

Particular Ends.

With the above /this/ division of the general direct end of procedure into its principal ramifications, the three /principal/ particular direct ends, the division of /by which/ the system of procedure /is divided/ into its main branches, corresponds in some degree to a certain degree/, but does not exactly coincide. To provide for the administration of punishment where due, is the function as well as object of a particular branch of an extent no where as yet exactly determined, called the penal branch, in which another of still[?] more /equally/ indeterminate extent called the criminal is included. But in the administration of punishment, if apposite[?] in kind, service of collation of rights, is as hath already been seen, in many instances included. In the penal branch of procedure the business is /operations are/ not confined to the first of the three ends of procedure, but extends itself /in its aims, extend themselves/ in many instances to the second. Moreover In case of injury as[?] hath just been seen, the remedy without /unaccompanied by/ the remedy afforded /administered/ by satisfaction, the remedy applied /afforded/ by punishment would be incompleat. But, in a case where both remedies are in demand, it is seldom that the existence of the act of delinquency can be sufficiently established for one purpose, without being and by the same process, sufficiently established for the other. In the penal branch of procedure, the business is therefore neither confined /neither/ to the first nor to that and the second of the three ends of procedure, but in its aims, extends itself to all three.