10 June 1804

Procedure (6)

Ch. Basis

Turkish

The story /epigram/ about the bastinadoes is a wretched /miserable/ sophism. It would have been argument, had the adversaries he was combating /causes //opponents// of the abominations he was pleading for/ recommended this ceremony /operation/ as a substitute to the formalities they were complaining of, or if /had/ any necessary connection had been shown /pointed out/ between this accidental use of power on the one hand and the hearing of the best evidence, extracted in the best mode free from the injustice of unnecessary /useless/ expence and delay, and vexation on the other.

The question is - if in any European state, the natural and summary system of procedure as above described were substituted throughout to that technical system which alone is recognised by lawyers /professional men/ under the name of regular - would the practice of giving a beating to both parties without cause, be a probable consequence - or say even more likely to happen than at present? To state the question it to answer it.

Excepting the exclusions put upon the best evidence by any false science, in respect of the faculty of saving the suitor from unnecessary vexation expence and delay, the mode of judicature of the English Country Magistrate is exactly upon a footing with that of the Turkish Bash[...?]. In the compass of a twelvemonth how many bastinadoes are distributed among suitors by the aggregate body of the English Justices of the Peace?