Malesherbes. Almost the greatest evil that exists in the world, moral or physical, would be removed. A second appeal might be made in the following session; a third could only come before Parliament, and this alone by means of attorneys, the number of whom altogether would not exceed the number of coroners; for in England there are as many who cut their own throats as who would cut their own purses.
Rousseau. The famous trial by jury would cease: this would disgust the English.
Malesherbes. The number of justices would be much augmented: nearly all those who now are jurymen would enjoy this rank and dignity, and would be flattered by sitting on the same bench with the first gentlemen of the land.
Rousseau. What number would sit?
Malesherbes. Three or five in the first instance; five or seven in the second—as the number of causes should permit.
Rousseau. The laws of England are extremely intricate and perplexed: such men would be puzzled.
Malesherbes. Such men having no interest in the perplexity, but on the contrary an interest in unravelling it, would see such laws corrected. Intricate as they are, questions on those which are the most so are usually referred by the judges themselves to private arbitration; of which my plan, I conceive, has all the advantages, united to those of open and free discussion among men of unperverted sense, and unbiased by professional hopes and interests. The different courts of law in England cost about seventy millions of francs annually. On my system, the justices or judges would receive five-and-twenty francs daily; as the special jurymen do now, without any sense of shame or impropriety, however rich they may be: such being the established practice.
Rousseau. Seventy millions! seventy millions!
Malesherbes. There are attorneys and conveyancers in London who gain one hundred thousand francs a year, and advocates more. The chancellor——
Rousseau. The Celeno of these harpies——