In those
places the parties shall appear in person, and the judge make a
summary decision.
"There must, likewise, be allowed a subordination of tribunals, and a
power of appeal. No judge is so skilful and attentive as not sometimes
to err. Few are so honest as not sometimes to be partial. Petty judges
would become insupportably tyrannical if they were not restrained by
the fear of a superiour judicature; and their decisions would be
negligent or arbitrary if they were not in danger of seeing them
examined and cancelled.
"The right of appeal must be restrained, that causes may not be
transferred without end from court to court; and a peremptory decision
must, at last, be made.
"When an appeal is made to a higher court, the appellant is allowed
only four weeks to frame his bill, the judge of the lower court being
to transmit to the higher all the evidences and informations. If, upon
the first view of the cause thus opened, it shall appear that the
appeal was made without just cause, the first sentence shall be
confirmed without citation of the defendant. If any new evidence shall
appear, or any doubts arise, both the parties shall be heard.
"In the discussion of causes altercation must be allowed; yet to
altercation some limits must be put.
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