21 April 1804

Procedure. Evidence

Each (it may be said), has its advantages; each its disadvantages: each is conformable to justice. But in the regular mode, /it is to/ the interests of direct justice are most principally [...?] /that the greatest regard is paid/; in the summary, to the interests of that sort of justice which is opposed to collateral inconvenience and injustice. To a certain degree the two opposite contrasts are irreconcilable: in each instance the decision is made, as it ought to be made on that side which is attended with the smallest inconvenience, with the largest balance on the side of preponderant justice.

Such may be the argument in favour of the established [...?] division and nomenclature. It might be confirmable /agree with the fact/ to the truth of the case if the cases [...?] in the mode called summary were the simple cases, as above described: if in this mode called regular no cases were determined but the cases above described under the name of complex, and the mode were adapted to /employed were in each individual instance the mode/ such cases. But the case determined in the mode called summary are cases of this and that sort - [...?] of this or that particular description: choruses[?] /demands/ of money[?] brought forward on this or that particular ground: cases determinable in this or that particular judgement-seat Court established for that purpose.

The consequences - the practical ill consequences of the arrangement expressed by this nomenclature are accordingly such as have just been [...?] of: /brought to view[?]: in the procedure/ to the cases called summary, the benefit of such regulation as was claimed adequate have been /necessary to direct question/ deserved: or to cases in the procedure called regular, [...?] degree of dispatch as in the instances where the cases they have fallen under the above-mentioned description of simpler cases might have been given to them, has been refused.