JB/058/243/001

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22 Mar. 1805
Evidence

Returning home On his return from the labours of the day field, a man finds an
implement of husbandry cast broken, a horse badly wounded. Whence came the mischief?
From the beast alone, or did had any of the family bear borne a part in it?
Was Came it by from design, or accident: if by accident, had negligence inattention or
rashness any share in the production of it? and at any rate, to
which and how many and which of the family is it to be imputed.
He addresses himself to all together, or to one after another,
putting to each such questions as occurr to him in the first instance
or are suggested to him by the answers received to preceding drawn forth by prior
questions. Here we have penal procedure in a form somewhat
different and still more simple: the form among German lawyers
distinguished by the name of inquisitorial.

The first steps taken consist in mere enquiry: if, in the
progress of the enquiry, circumstances are discovered which present
this or that individual in the character of the apparent author of the mischief and
that mischief accompanied with blame, the enquiry assumes the character has the effect of
accusation: but no person having presented himself in the character
of an accuser, the function of the accuser is to that of
Judge. There is reason why it should: for among the whole family
besides the head, the no one being more affected by the injury than
another, unless the enquiry were set on foot and prosecuted by the Parent
Judge – unless the it might well happen to it not to be prosecuted
not to be set on foot by any body: no questions being put tending
to draw forth the information being put, no information would be obtained:
and mischief in that or other shapes, might continue to flow from the same source.
There is no reason why the two should not be united: from such union
what mischief inconvenience is to be apprehended? By whom, and through the influence of By what sinister interest should it be produced?

Identifier: | JB/058/243/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-03-22	Marginal Summary Numbering	5
Box	058	Main Headings	evidence
Folio number	243	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18912
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