27 April 1805

Evidence

Ch.1 Ends

'.3. Procedure branches

Particular Ends

The service which consists in the administering of punishment where due is the sort of service which is the most apt to exhibit itself in the shape of a service of physical execution. Numerous however and extensive /various/ are cases where it is not in this shape but in that of a service of collation that the service by which the punishment is administered manifests itself. In this case is /are/ pecuniary punishments, forfeiture of office, or other condition in life, public private, or domestic, to /of/ the profit of another person.

It is in the cases where the service consists in the administering of satisfaction for injury that it is least apt to assume the shape of a service of physical execution, most apt to present itself in the shape of a service of collation. Why? because in general the advantage of recovering receipt /possession/ of a sum of money, or of some material subject of property - a horse, a house[?], a piece of land is the most eligible[?] shape in which satisfaction can present itself. But other shapes in which satisfaction is capable of preventing itself, besides that of computative[?] satisfaction have been consummated[?] elsewhere+: viz: honorary and vindictive. In this latter case, without the necessity of any distinct operation, it accrues /is administered/ to the party injured by the same operation by which punishment is administered.

To which may be added military?

+ Dum.[?]