23 July 1804

Procedure 5 (2)

Enquiry Mode

Ch. Advantage

'.3. 2. Malâ fides

1. As to the despair of success, it will be in proportion to the manifest conduciveness of this mode of procedure to the ends of justice: to rightful decision - and to the avoidance of unnecessary delay vexation and expence.

2. It is however in respect /by means/ of the certainty of shame that the efficacy of this system in respect of the prevention of malâ fide causes presents itself in the most striking point of view. Despair of success does no more than take off more or less of the force of the impelling motives it is by the certainty of shame that a countermotive is applied - a restraining motive: and of how powerful a /in its/ nature, can not be altogether unknown to any body /may be left any one to conceive/.

In respect of avoidance of unnecessary delay, vexation, and expence, it is surely manifest enough that no technical mode of procedure can approach to this natrual one, not so much as in the instance of any one individual cause. In respect of avoidance of wrongful decision - assurance of rightful decisions - the assurance may under this or that technical system - in[?] the instance this or that individual cause, be practically speaking entire, and so far as that is the case, in that particular case, there exists not on the part of the natural mode any room for advantage. But in respect of certainty of shame - inexorable and unavoidable shame - exposure to the [...?] and appalling eye of the Judge - the the indignation or contempt of the surrounding audience - to the triumph till now of the vexed and injured but now avenged and [...?] adversary, nothing that can be done in any technical system, can bear any comparison with what [...?] taken[?] place otf itself and without effort, in the Natural system, haing always the few cases in which in this or that technical system, this feature of the natural system has by this or that circumstance been saved from being abolished.