30 March 1805

Evidence

Ch. English Summary

''.3. Courts Martial

III Summary Procedure - N o 3. Procedure as in Courts Martial.

Land Military and Naval -

In the mode of enquiry pursued in these Courts there is not much to distinguish from the work pursued in the two preceding instances: but what there is is to its advantage.

In the Courts of Conscience or Requests, the evidence is not committed to writing: by accident, yes: but to do so, is not to any particular matter of express duty. In Courts Martial the evidence is constantly committed to writing: to execute this important task, is the duty /business/ of the presiding Judge, whose title - (importing a strange cause[?] of incompatible functions /duties/ as) Judge Advocate.

In the Courts constituted by Justices of Peace acting singly or in number out of Sessions, the mode of enquiry is, liable to be more or less obstructed by the technical rules of evidence. Why? because in one way or another in the way of non-penal revision, or on the occasion of a penal charge, the conduct of these subordinate magistrates is liable to be called in question by their learned superiors in the Kings Bench, by whom it will be judged of by those pernicious rules. The proceedings of Courts Martial not being in either way subject to be called in question in the King's Bench, justice in those Courts is not blasted by the baneful influence of those rules.