JB/035/266/001

Click Here To Edit

6 June 1808

☞ Add the division of the complex Cases – 1. where the cause can not be
tried by a Jury at all: 2. where it may, but badly.

A circumstance that seems to have escaped those learned
persons is that though not never examined are
not in other at all nor consequently upon oath, parties
are not in other respects the less treated as listened to in the character of witnesses.
For the facts alledged by or on the part of the Pursuer (Plff)
are the sole ground and warrant for the imposing on the
adversary the load of expence and years of vexation incident to defence.
But in Scottish as in English procedure it is a
fundamental maxim rule of practice that in the case instance of the parties
and in particular in the instance of the Plff the author
of the cause, the bringer of the grist to the judicial
mill, none of those securities for correctness and compleatness
of the testimony (such as oath, counter interrogation examination
and so forth) shall be exacted or received, which are
regarded considered as indispensable in regard to information from
other sources witnesses. For if truth correctness and compleatness
of statement were required of those customers the customer, and that under
the same penalties with by force of which they are endeavoured to be
secured on the part of non-informers in the first place, the custom of all
such persons would be informers whose statements would be incapable of
standing so inconvenient, a test would be lost:
and so in regard to defendants, allowing made for the
difference between the commencement and the continuation
of a cause. And this forbearance, this politic and
no less judicious as thus well as judicial forbearance, is what
has been elsewhere br endeavoured to be brought to view
under the shorter name of the mendacity-licence.† Scotch Ref. Lett. I.

Identifier: | JB/035/266/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-06	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	266	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10859
Box Contents