30 Jan y 1805

Evidence

Ch. Engl. Summary

''.1. Conscience

Ch. English Law. Summary Procedure.

 Ordo. Summary not like[?][...?] Regular? its excellence consisting in exception from its defects of the Regular.

''.1. Courts of conscience

1. Summary procedure. N o 1. Procedure as in the Courts of Conscience.

1. Conscience

2. [...?]

3. Martial Military

4. Martial Naval

5. Arbitration

6. Bankrupts

7. [...?] opposing.

The composition of these Courts - the number and quality of the Judges - are nothing /points altogether foreign/ to the present purpose. They will be considered in their place By defects in relation to these points, the institutions instead of being beneficial in the degree [...?] by experience, might be bad upon the whole, and the superior excellence of the System /mode/ of procedure pursued in them remain not the less [...?].

The [...?] so conspicuous in the constitution of these courts in respect of the non-creation of that mass of factitious delay vexation and expence which is no more conducive to justice in one sort of court than in another is another feature, which important as it is belongs not to the present purpose.

Of the arrangements observed /pursued/ in these Courts such alone belong to the present purpose /head/ as concern the reception and extraction of testimony.

On this ground all that prodigious /monstrous/ mass of injustice which has been produced /had its origin /existence// by the sinister interests and prejudices of lawyers /men of law/ being excluded along with its authors /creators/ - all factitious /fictitious justice and/ injustice having been shut out, pure and natural justice, the offspring of common sense, takes place /its seat/ /chair/ of course. without effort, and as a matter of course.