JB/031/179/001

Click Here To Edit

1828 Aug. 19
Blackstone

III. Witnesses description Third class of person, on or in relation to whom
the exercise is given to the practices of a Judge-Witnesses.
Under law as it is, scarcely can this word ever present
itself to eye or ear, without being productive of a misconception:
in party is supposed the word party being regarded as representing
one class of persons, the word witness is regarded as
representing – uniformly representing – another and altogether
different class of persons. In the import of the word
party is understood to be included those of the word persons as above
explained in all its varieties the variety of its acceptations, and that of the word defendant
in its two acceptations, as also above explained.
But in this the same word party is not commonly to be understood
to be included any person to whom in the designation of whom
the word witness is employed.

Accordingly between the party class of parties in the one side part,
and that of witnesses in the other, a strong and explicit line
is drawn by two aphorisms, both of them, recused as
rules of , that is to say of unwritten or Judge made
law. One is – the man ought to be a witness in
his own cause(a) (a) Nomo debet esse testis in propre causa, and by this rule⊞ ⊞ taken in its most obvious import the a line is obviously drawn between
the class of plaintiffs and the class of witnesses: the other is
no man ought to be bound to accuse himself(b) (b) Homo debut accusare.: and by
this rule,⊞2 ⊞2 though testifying is one thing, and accusing a very different thing the rule is considered as drawn taken in its most obvious import the line is obviously drawn between the class of
defendants and the class of witnesses. Speaking of the first rule I say obviously
taken in its most obvious import: for about as by these two rules taken together the import
meant to be conveyed in so far as anything clear and precise
is meant to be conveyed, is – that by by the one one rule,
that no man ought to be recused admitted to give testimony that may operate to his own
di advantage benefit: by the other that no man ought to be required
to give testimony that may operate to his own detriment.
Such

Identifier: | JB/031/179/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08-19	Marginal Summary Numbering
Box	031	Main Headings	civil code
Folio number	179	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d6 / d6
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9865
Box Contents