3 June 1804

Procedure. A.1. Evidence

Ch. Basis

[...?] Adoption [...?]

Ch. 2. Of the natural groundwork /mode of enquiry/ or procedure, in what may be called the ordinary or regular mode /plan/: [...?] [...?] coram judici.

[...?].1. True basis of judicature are announced but partially adopted though incontrovertible.

A scene[?] /state of things/ must here be indicated /brought to view/ in the first place which in early ages was looked upon as essential to good /just/ judicature, and which the more closely it is examined /contemplated/ into, will the more closely be seen to be so. I mean the appearance of the practice face to face, in the first instance, that is, as soon as their mutual forthcomingness can be obtained, in the person of the Judge.

In [...?] in the character of the ordinary or regular mode /plan/ in which this meeting /arrangement/ is considered as the first step as the basis of every thing that follows /whatever he is [...?]/all subsequent arrangements/, so necessary [...?] [...?] was, my considering it as what ought to be considered as the fundamental arrangement. For had I mentioned as that which can be considered consistently with truth as an arrangement ordinary and regularly taken in all established systems of procedure, the lawyers of every nation which is considered as forming /belonging/ to the civilized world ought with truth rise up against me, and proclaim /protest/ with one accord /view/ no representation /statement/, of so [...?] an extent was ever more compleatly groundless.