JB/047/339/001

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12 Decr 1811 Ch.10 §. 7.
Evidence

§. 7. Confrontation and Repetition in the Roman and explained Romanicé.

In Rome-bred procedure, two modes operations courses or stages of proceeding,
the one – Confrontation, and the otherthe examination, – Romano-Gallicé
Recolement, Romano-Scoticé Repetition – both of these
in the Romano-Anglo-Ecclesiasticé also Repetition,† † Browne II 479 both of them in name at least, and in the character
of distinct operations processes and courses of proceeding, altogether
alike unknown in English-bred procedure, make a occupy,
each of them, a conspicuous place.

conspicuous figure If so it be, that on a question of fact, in all places, and at all times, not to speak
of all causes If the means and modes of forming a just ground for decision
in most cases of fact can not but be much the the same, in place
and at all times, not to speak of all sorts of causes how comes it, that two operations, or to which
so much as has been made to depend in every almost under the governments of any other civilized
governments countries in general, modern as well as antient,
so much has been made to depend importance has been attached;
should be almost in a manner unknown to English practice?

But On the continent, both Confrontation, and the re-examination called
repetition, are confined to penal cases of the higher order.
By confrontation the system of Irish seclusion and being for
this purpose and pro tanto subjected to a partial and momentary relaxation
giving a momentary suspension, suspected supposed co-delinquents,
with or without the addition of unsuspected witnesses,
are introduced to one another, brought together, and set to make to ply
each other with mutual interrogation, in the darkness
of the judicial closet under the inspection of the Judge, with or without his Scribe,
with no other check upon him than what may be supposed to be applied
by the presence of his more or less dependant scribe.⊞ ⊞ Establishing the identity
of the supposed delinquent,
and promoting the disclosure
of all relevant
matters of fact, are
the objects, to which
confrontation is stated
as having in view.
– Securing the authenticity of the minutes against misrepresentation
at the hands of the Judge, – these such are the objects purposes, to
which the system of regulations, relative to those objects, appears, how unsuccessfully
which it appears soever to have been directed.

Between these two operations, thus upon the face of
them dissimilar, such so close however is the analogy imagined and ascribed to them,
that under Romano-Gallic
procedure, cases are
laid down, in which
confrontation should is to find
in repetition a declaredly
adequate substitute.

Identifier: | JB/047/339/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-11-24	Marginal Summary Numbering	1-3
Box	047	Main Headings	rationale of judicial evidence
Folio number	339	Info in main headings field	evidence ch. 10
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d14 / e1 / f125
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15207
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