17[?] [...?] 1805

Evidence

Introd

Ch.2 Ends.

Why then make a separate article /head/ of this species of inconvenience: to what end insert the word delay as constituting a separate item on the account of inconveniences for their correspondent ends of procedure? For this reason: - because (as will be seen in its place) it has its separate causes: by the production of delay, necessary or unnecessary, the above /other/ inconveniences are produced in cases in which they would not otherwise be produced. Having its separate causes it has its separate remedies, correspondent /adapted/ to the separate nature /respective natures/ of these causes: another reason why the mention of it could not be omitted. Being a grievance which presses on every man's shoulders it is a grievance in every man's mouth: not a third reason to add to the two others. Let Reason be fruitful, custom barren, was among the golden precepts of Lord Bacon: but in jurisprudence custom has ever been fruitful as the [...?] or Countess of Desmond: Reason barren as a mule. Reason in substantive law - is reference of the arrangements proposed or made to the principle of general ability the end of government in all the branches. Reason in adjutive[?] law is reference to the [...?] legitimate ends of procedure /in system/ - the ends of justice. It will be seen as we advance whether /But/ the ends of justice are the last objects willingly looked at by the man of law. That it is so /so it is/, and from what cause it is so will be seen as we advance. To him /In his eyes/, be the thing proper to be done there is no better nor other safe or good reason for doing it than that it was done /has been done/ before. And they by whom it was done for the first time, what reason had they for doing it? And in what respects /features/ do the present times agree with those?