19 July 1805

Evidence

Note?

Introd. Jurisprudential

Ch. II Vices

Ex post facto

Equity Jurisdiction

The distinction /notion/ of one sort of law under the name of Common Law to be administered by one sort of Court under the name of a Court of Common Law and another sort of law under the name of Equity to be administered by another sort of Court under the name of a Court of Equity is altogether peculiar to England - Why? Because England has Juries, other Countries have no Juries.

Among the aberrations necessary to the existence of Society there are some that are capable /which it is possible/ of being carried on with the intervention of these ephemera Judges. There are others which it is not possible to carry on with the intervention of these [aphemera[?]] Judges.

The operation which it /is/ has been possible to be carried on in that original and English mod [...? ...? to England] have been carried on in a mode resembling that which without much variation is in use in all other Countries.

Abundant are the cases and these amongst the most important in which from the courts of justice by the universal /explicit/ confusion or rather declaration of lawyers themselves, Justice is not to be obtained at all /at any price/ from the Courts of Equity, not but at their own outrageous price. Such there between the two is the condition and [...?] of the suitor: compleat injustice, or more than ordinarily ruinous justice: vexatious, expensive and dilatory justice.