JB/013/233/001

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1820. Septr. 7 19.
J.B. to Mora
(3)

productive, established for that very purpose. In that same work,
I shewed the impracticability of attaching a system of Jury in
Trial in a manner then proposed, to the system of procedure then in force in Scotland –
(a system nearer to the Rome-bred Rome-bred Roman law than to the English) and
that system plan was given up: there was no such system of pegs to
hang it on as there is in English procedure; bad as it is, the English had made
up composed, as in so large a proportion it is, of lies and nonsense. A system of Jury Trial, such as it is,
they have, however, contrived to stick on to the Roman scheme
of procedure, as modified in Scotland. On the question of fact, I
should expect to find it considerably more subservient to right
decision than what was before in use in Scotland? The utility
of it is, however, very scanty; being confined to the comparatively
opulent few. For, instead of being substituted to the dilatory, vexatious,
and expensive system which it found established, it is super-added to it. As usual, it had, for its sole object, the interest of
those who framed it. Ig gave, indeed considerable annoyance to the old
established ones functionaries and practisers: but, by the new field it opened for oratory, it
afforded. to men of a certain class of talents, new and more
brilliant means of displaying themselves: and, moreover, it gave
occasion for more judicial officers paid to excess, as they are of course all
English ones. The work I now allude to is "Scotch Reform" &c. –
You will find it with the other, as Mr. Arguelles has found it.

Evidence. – Of the system of procedure, the main use is –
the ascertaining of some matter of fact, on the supposition of which,
the rights in question are, in pursuance of the ordinances, established,
or as in the case of Unwritten law figured feigned to have been established
on that occasion, the subject in question by the substantive law, to be conferred or carried into
the rights in question are to be conferred1 or carried into effect and the correspondent obligations imposed or enforced. For the
ascertaining of this matter of fact, the direct and principal means
are comprized under the head of proof: or, as we in English,, by a
more comprehensive and adequate appellative, say, Evidence. A
work of mine, on that subject, has been in the hands of Mr. Dumont
for about these two three years. In it, I have had endeavoured to go to
the very bottom of the subject, and to comprehend the whole field
of it: the whole field of which the field of judicial procedure, though a main part, is but a part. The whole of what he translated
would if printed, would form two or three, possibly even four,
such volumes as those on Pains and <hi rend="underline">Punishments and Rewards – (<foreign>Peines et Recompenses</foreign>)</hi>. Of that
part which concerns belongs to Judicial procedure, a sort of abridgment,
containing

Identifier: | JB/013/233/001 "JB/" can not be assigned to a declared number type with value 13.
Date_1	1820-09-19	Marginal Summary Numbering
Box	013	Main Headings
Folio number	233	Info in main headings field	jb to mora letter i
Image	001	Titles
Category	correspondence	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / d4 / e4
Penner	john flowerdew colls	Watermarks	c wilmott 1819
Marginals		Paper Producer	andreas louriottis
Corrections	jeremy bentham	Paper Produced in Year	1819
Notes public	draft of letter 2689, vol. 10	ID Number	4682
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