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8 June 1808

In the a Court of Equity where the individual from closer evidence is to be extracted
from is a party (the Defendant) the mode employable
in the first (in that stage of the course at least) is
the epistolary mode only: where an extraneous witness,
the oral mode only, and thus in secret, neither
door shut against both parties party admitted, the questions put by a Clerk
to whom it is matter of indifference who cares not whether the answers be true or false.
In he his one enquiry made by a Committee of either
House of Parliament, the two modes of examination —
oral and epistolary, either or both, are employed as
the nature of the case requires. And in a Court
of conscience, supposing the nature of the case to require
this course, there is nothing to prevent it.

2. Speaking of written evidence in the power custody
of the parties, and the powers computions employed by one
Equity Court for compelling the production of it
of an original proves to be vested in the Court Common Law
out of which the cause is sent in the only thing
wanting to render the practice of a Jury-trial
Court the modes of perfection in this time. N

But by this preferred original power a document
thus necessary to justice would not be procurable,
but by a Motion with affidavits and counter-affidavits, and arguments with offered by counter-arguments — in a word by a cause within a cause.
Whereas in a Court of conscience all such documents lying
would in such hands would be produced of course. You plaintiff
you keep books, you say: produce these books, or
take nothing by your plaint.

Identifier: | JB/035/287/001
"JB/" can not be assigned to a declared number type with value 35.



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constitutional code; evidence; procedure code

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jeremy bentham



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