22 Mar 1805

Evidence

Securities

Ch. Procedure Natural

Returning home /On his return/ from the labours of the field /day/, a man finds a cart /an implement of husbandary/ broken, a horse badly wounded. Whence came the mischief? From the beast alone, or did /had/ any of the family bear /borne/ a part in it? Was /Came/ it by /from/ design, or accident; if by accident, had negligence /inattention/ or rashness any share in the production of it? and at any rate, to which and how many and which of the family is it to be imputed. He addresses himself to all together, or to one after another, putting to each such questions as occur to him in the first instance - or are suggested to him by the answers received to preceding /drawn forth by former/ questions. Here we have penal procedure in a form somewhat different and still more simple; the form many Germany lawyers distinguished by the name of inquisitorial.

The first steps taken consist in mere enquiry; if, in the process of the inquiry, circumstances are discovered which present this or that individual in the character of the apparent author of the mischief and that mischief accompanied with blame, the inquiry has the effect /assumes the character/ of accusation; but no person having presented himself in the character of an accuser, the function of the accuser is [...?] to that of judge. There is reason why it should; for among the whole family besides the head, no one being more affected by the inquiry than another, unless the inquiry were set on foot[?] and prosecuted by the parent Judge it might well happen to it not to be persecuted not to be set on foot[?] by any body; no questions tending to draw forth the information being sought, no information would be obtained; and mischief in that or other shapes, might continue to flow from the same source. This is no reason why the two factions should not be united; from such union what mischief /inconvenience/ is to be apprehended? By /By whom, and through the influence of/ what sinister interest should it be produced?