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14 Nov 1804
Evidence
Circumstantial
Ch. Supernatural
§.3 Ordeal
§ 3. Trial by Ordeal - i.e. by fraud.
Come us now to /next comes/ the ordeal class. Walking blindfold or with the appearance of being blindfold in a labyrinth of red hot ploughshares: drawing a ring out of the bottom of a cauldron of water which boils with or without heat: drinking red water with or without poison in it. In these ways and a thousand others you prove adultery or chastity, bloody hands or clean ones, witchcraft or non-witchcraft - anything you please.
How many superior /neater/ modes of [...?] the dirty[?] /doing justice/ would have been invoked and [...?] by [...?] or [...?]!
Duels and Ordeals together out of the ... close printed paper of the Esprit des Lois. Montesquieu employs dull ones upon these murders and [...?]. He forgets not to find names: [...?] in on the ground of law the boundaries between right and wrong should fall[?] in any point of of being as indistinct as possible.
1) and of the few [...?] that have any thing to do with law
2) He describes, reflects [...?].
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Title: [15 Feb 1804 Evidence Circumstance]Description: 15 Feb 1804 Evidence Circumstance Subsequential Ch. Divine The cases in which supernatural evidence has been resorted to, present one main /natural/ distinction: - cases in which it was extracted without fraud - cases in which fraud suggested or regulated /presided over/ the extraction of it. An example of the former case is that of Trial by Battle, fairly fought: and it is almost the only example. An example of the other case is that of Trial by Ordeal: of which the modifications have been innumerable. Trial by Ordeal was virtually trial by the arbitrary and disguised will of those by whom the trial was conducted: that is in most if not all instances, by the Minister of religion - of the national religion howsoever modified. In comparison of the unfraudulent mode, the fraudulent was not so absolutely mischievous as at first sight might be supposed. In the unfraudulent mode, the chance in favour of justice might be an equal chance, but could not be any thing more. The fraudulent mode was not incapable of being made an instrument in the hands of justice: (viz: either under its own name or that of mercy.) It transferred the decision from the man whose power was constituted[?] by force, to the man whose power was constituted by fraud: if the latter were /was/ the better man of the two, substantial justice had so much the better chance. It might be resorted to as a means of destroying those who without it could not be destroyed: it might be resorted to as a means of saving those who without it could not be save. /Under a suspicion of [...?]/ A Queen of England suspected of [...?] was set to play at blind-man's buff with red hot plough-shares instead of play-fellows: her guilt or innocence depended upon t eh holy hand that had the tying on of the handkerchief. Her honour stood the test, and her husband /the King/ was or was not satisfied /persuaded of her native[?] innocence/. If he was, the trial by plough shares was in that instance better than a modern English trial in the King's Bench. In one of the barbarous nations of the middle ages in a criminal case of certain descriptions /no matter what description/, the defendant used to be set to plunge his hand into a vessel of water supposed to be boiling hot, and /and/ if innocent he was to draw a ring out from the bottom of it without the appearance of a scale. Guilt or innocence depended upon the operator who had the boiling of the water: and if any of the modes at present so well known of [...?] the appearance of boiling without heat happened to be known to him, the management of the trial would be so much the more easy.
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Title: [14 Nov 1804 Evidence Circumstantial]Description: 14 Nov 1804 Evidence Circumstantial Ch Supernatural § 4 § 4. Parallel mode - decision on points foreign to the merits One ground of decision there is which though perfectly natural - as natural in one sense as it is technical in another - is in another point of view exactly upon a level with the supernatural. I mean /This is/ the decision of a cause upon points foreign to the merits. In an indictment for murder a clerk makes an omission: he drops the Devil or the value of the knife. The murder is put out of doubt in all its circumstances. Is the murderer guilty or no? The answer depends upon the materiality of the Devil and /or/ the knife. The Devil is he material? The omission of him is an exculpative fact disproving and that conclusively the existence of as many criminative facts ass have been proved. The evidence in this case - I mean the circumstantial evidence - is it of the Duel kind or the Ordeal kind? Answer. It depends upon circumstances. Was the Clerk [...?] for the omission? it is of the Ordeal kind Did he make it inadvertently and without a fee? It is of the Duel kind. It is upon a par with the duel: with the duel fairly fought. (In either case a connection is assumed between two facts between which there is none.) In the detail[?] the cases in which the want[?] of a cause is made to turn upon points foreign to the merits belong not to this place. They will find their place in the rationale of procedure.
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Title: [[Copied Jan 24 th:1796] General Cooking]Description: [Copied Jan 24 th:1796] General Cooking Directions Puddings consume much more flour in crust than pies do — Pudding or pie crust a very disadvantageous way of employing flour Grain is not so nourishing when used whole as when broken — Perhaps by cooking it in a digester it might be as completely digested as if ground Potatoes should be used with y e skin Potatoes should be mashed while boiling hot to save labour Wherever water is used with grain the grain should be boiled in it before the other ingredients are put in — The quantity of water directed in the receipts never allows for great evaporation; when much evaporates in boiling more water must be added to bring it back to the original quantity — The milk is always supposed to be new therefore with the addition of an equal quantity of water, will be richer & better flavoured than the milk usually sold by milk carriers — Make fruit puddings of any kind of fruit that happens to be cheap, & other dishes of fruit similar to those for which there are receipts for one kind of fruit by way of example The quantity of treacle and other sweetening ingredients must be regulated by the degree of acidity of the fruit, by the heat & dryness of the weather, & by the general disposition to endemic diseases — Make root puddings & cakes of any vegetable that happens to be cheap — Add bone soup, neats foot jelly, &c to any of the vegetable soups according to the taste of customers or plenty of the soup — Any of the farinaceous dishes may have soup added to them — The use of custard over baked fruit pudding is to prevent evaporation Should it be more advantageous to sell the cream than to use new milk, or to make butter of it, add one pint of water to the quart of milk, instead of the quart directed in the receipts, if the milk has stood twelve hours; but if it has stood twenty four hours it must be used without any water — When milk is disposed to turn sour mix a small quantity of alkali with it, which will restore it — Soak grain in cold water as long as it can be done without danger of fermentation: by this a great deal of fuel is saved — Put red herring pounded into soups and made dishes to give flavour — Scotch barley absorbs three times its weight of water in boiling, & that without being in the least broken, dissolved or wet on the surface — + Butchers are in the practice of mixing water with the blood they sell to sugar bakers, which must be carefully prevented as a small quantity of water entirely spoils black puddings. + Mixtures of fluids and solids suchas black pudding, should be stirred while putting into skins or pans, so as to make all the puddings the same, otherwise the first filled will contain the fat & herbs, the latter ones blood & some of the heaviest of the potatoes + Anykind of farinaceous matter may be put into black puddings, stale bread, boiled grain when not all sold &c— The best cheap method of cleaning entrails is to wash them while fresh in water, then in a small quantity of lime water, which is sufficient for the outer clean side, then turn them, draw them once through the hand in the lime water used for the other side, put them into a vessel of lime water where they may remain till the next morning, draw them through the hand again, rince them in fresh lime water heated to about 110 — not more, then in cold water once or twice — +The salt usually employed is expensive & wholly unnecessary, a very small quantity of lime mixed with the water is sufficient — perhaps a fourth in quantity of the salt generally used for this purpose, but where the lime water is after wards valuable as manure more may be employed. + Scraping the entrails is altogether unnecessary— + The lime water should run into a reservoir into which every kind of refuse should be thrown & according to the local situation it may be worth from one to three farthings a gallon as manure. The lime water will prevent putridity — Where black puddings are made feed pigs with the refuse — Have ovens & steam cooking apparatus at the new cooks shops for dressing the provisions — The whole business to be managed as much as possible by women & children — Do not admit customers within reach of the provisions to prevent theft Have narrow passages before the doors that customers may file through and be served in order as they come — A tarif of the prices at the door, another at each of the counters from which no abatem t should be made — Every person who serves to be accountable for the quantity of provisions delivered into his care — Lend pans and platters to customers on leaving the value, the wholesale prime cost, not the usual selling price, to prevent their bringing their own for sale at the new price — or better have them made for the purpose of a particular kind— Tin pans like the pudding pans of large hospitals the most convenient for baking pies & puddings — Rince & wipe every vessel as soon as emptied, while hot if possible to save labour — Have mops and brushes suited to the size and form of the vessels for cleaning them — Rince with boiling water for expedition in cleaning and that the vessels may dry immediately —
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