JB/047/065/001

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18 April 1803
Evidence

☞ Title of the Chapter, "Summary view of Regular Procedure

Divers classes of professional hands whose work functions are
useless in toto to the purposes of justice.

Into In a Court of Summary procedure, neither of those instruments
of the Dæmon of Chicanery the Special Pleader and the Equity
Draughtsman have can we find any place.

Whatever is done by either of them belongs in toto to the account
of made business, completely unnecessary, much worse worse than useless business.

In he Courts called Courts of Common Law, the Special Pleader
that is a pair of Special Pleaders one on each side, bring out allegation
after allegation, and altogether without use, without any security for veracity
on either side, and with under the constant incitement of a temptation an
interest more or less strong in committing mendacity, on whichever party
is in the wrong, and though neither party should have any interest impulse temptation
or desire to inflict needless vexation expence and delay upon his
adversary, then their assistants can not in any cause are seen in every cause fail to have an
interest in raising the pressure of those afflictions upon the parties to the highest pitch possible interest in heaping those afflictions in the highest possible degree of morality
upon both.

In the Courts called Courts of Equity, the under the system of Draughtsmen, with their
Bills and cross-Bills, their Answers and Cross Answers, the check upon
mendacity is not as in the other cases, altogether wanting as in the other case, but the
delay mass of vexation expence and delay is in an enormous degree more a great degree still more
oppressive.

Special Pleading consists in reciprocal allegation without inquiry or the possibility
of inquiry on either side. Equity Drawing consists in inquiry
but in inquiry of in the form of which neither truth nor dispatch, but vexation,
expence and delay, for the sake of professional profit, have been the
manifest object in view: and such is the delay, that after at th a
series of inquiries still longer than the entire duration of a suit at Common
Law, whatever trust is extracted, is extracted only from one side: to extract
the truth on both sides requires in this mode of proceeding two suits, each longer
than a single one at Common Law: and at the end of the double inquiry it is only
from those two individuals, the parties, that whatever truth is thus extracted is obtained:
there remains the examination of extraneous witnesses, which in Equity, if performed at
all is performed in a different, and by far less trustworthy mode.

Identifier: | JB/047/065/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-04	Marginal Summary Numbering	1-3
Box	047	Main Headings	evidence
Folio number	065	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14933
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