10 June 1804

Procedure (20

Ch. Basis

' Turkish

The acknowledged defects of Turkish judicature have for more than half an age been the stronghold of the patrons of abuse /bad judicature/. There (they say) you have your judicature in the family /domestic/ state, and see what it is you get by it. The vexation, no expence, no delay, but the small matter /portion/ of [...?] that may happen to /is indispensable //[...?]// from enquiry, whichever may be the subject in the end/ be absolutely indispensable. No vexation expence and delay, or next to none: yet Turkish judicature is a proverb /proverbial/ for injustice.

Causes, concomitant but influencing circumstances - Co-effects and obstacles - all have their connection /are connected in one way or another/ with the effect. Shallow /weak or hasty/ men actually take - wicked and deceitful men pretend to take - not only co-effect, and uninfluencing circumstances - but even obstacles for causes.

The vexation, the expence the delay, even the dangers of "justice, are the price (says a French writer /says [...?]/) which each Citizen pays for his liberty." The observation in itself is true: and so true as in itself to be not worth making. But the conclusion which he designs /intends/ the reader should draw, and which but too many readers have been weak /hasty/ or wicked enough to draw - though he had not the face /courage/ to draw it himself - is - that these obstacles to good judicature are indispensable causes: [...?] quibus [...?] and that as according to the trite but uninstructive /familiar but more perplexing than instructive/ maxim effects are always proportioned to their causes - the greater the mass of vexation, expence and delay preceded your /any/ decision, the better the /your/ chance /security[?]/ it has of being conformable to direct justice. Examine (says he) the formalities of justice in respect of the trouble /hrams/ which it costs a citizen ti get /must be at/ his property restored to him, or to get satisfaction for any personal injury, you will doubtless find too many: regard the relation they [...?] to the liberty and security of individuals /citizens/, you will often find too few: and then comes the passage from whence you are to understand that the justice you buy is good, in proportion as the price you are made to pay for it is excessive.