29 April 1805

Evidence

Procedure

Ch.1. Evidence &Procedure

Introduction

Containing matter common to the subject of Evidence and Judicial Procedure. Ch.1. Relation of Evidence to Procedure. The rationale of evidence is but as a branch to the trunk if not rather as the kernel to the nut, to of the rationale of procedure. Exhibition or receipt of evidence /Attention to /Consideration of/ the evidence/, though a principal operation, is but one out of a number of operations /transactions/ /which come to be performed/ in the course of a Judicial Enquiry. Such however is its comparative importance, and so distinct is it /this topic/ in its nature from the rest /By its importance however, and its distinctness from the rest of what relates to this part of the business/ its distinction and above all the quantity of discourse requisite for searching it to the bottom, that a work on this subject and of such an extent could not be without a bit[?] of palpable incongruity have been enclosed in the belly /bowels/ of a work on the subject of procedure. In point of importance, if any comparison in this respect could be made among the mutually necessary parts of an aggregate whole /respect were not like a comparison in this respect between the belly and the members/, it might be a match for all the others put together. In respect of distinctness /Respecting separation/, it is so distinct is it from all details of procedure, as to form quite a separate subject of inquiry, applicable to a variety of other purposes and in correspondent variety suited to the purposes /demands/ /exigencies/, views and studies of other classes of readers. Science in all her branches, religion herself, rest on evidence in their support: both shrink with horror from the details /labyrinth/ of judicial procedure.