Jan 1805

Evidence

Securities

Procedure Technical

'.1. Established Practice

Introduction

Ch. General View Established Practice

Such being the possible securities for trustworthiness in evidence - the securities afforded by the nature of the case to the legislator whose intelligence may /in probity/ may make and prompt him to employ them, it remains to give a general view of the extent to which they have actually been employed by legislators in the existing state of things.

On this part as in every other of the field of evidence, I confine my view to the two most [...?] systems of [...?], the Roman and the English.

Look at which we will, the characters of imperfection /incompetence/ and inconsistency will be but too permanent and incontestable: In the Roman, the leading feature will be its radical and compleat incompetence: in the English, its infinitely diversified /variegated/ and still mere blamable /scandalized/ inconsistency. In the Roman, an invincible stupidity /blindness/, the fruit of long-rooted prejudices /practice/: in the English, what is most excellent what is but universally recognized as such in language: what is best and what is worst /the best and the worst/ what is most excellent and more absurd promiscuously employed in practice.

But the original adoption /growth/ of good and bad together, all the claim of wisdom is but too effectually disproved on the part of past generations of men of law: - by the persevering and promiscuous continuance of good and bad together the praise of probity - of the pure and genuine love of justice /all pure and genuine affection for both/ is but too [...?] disproved on the part of their successors.