JB/047/074/001

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1 Decr 1806
Evidence

Doing business with a Jury any unlearned assessor, deciding causes, on
this or that pretence, directly or indirectly without any such
incumbrance, was an improvement comparatively recent,
gradually introduced little by little by learned Judges. What they
did of themselves and by themselves they could it was in the depended on them to do in their
own mode. By this time writing had become common enough to afford a reply
own of affidavit evidence, then it was, and not till then that
own way, and in the way most convenient to themselves:
upon evidence put into whatever shape was they found most convenient to themselves
in the very best adapted to the ends of judicatories
upon evidence could be put, and was put, into a shape, the best so well adapted to the
ends of judicature. Of testimony the affidavit shape
we have seen how diametrically so compleatly repugnant it was is to the
ends of justice. : and how sure that it is no less compleatly
subservient to the ends of judicature.

Thus it is Hence it is that Jury trial stands at the head of
the exceptions, the unavoidable exceptions to the unpromulgated by but diligently rigidly
not the less religiously observed rule – not to receive testimony in any but the
worst shape.

In the State Trials, but in those comparatively recent,
instances are observable (they are of the commercial class) in which evidence – not indeed in
the affidavit shape, but in a state little less bad, evidence
delivered indeed vivâ voce, but received collected and minuted in secret by a
dependent of one of the parties, was forced upon a Jury.
The improvement was would have been as well suited to the purposes of official
rapacity by the expence of it, as to those of rigid tyranny
by the iniquity of it. As it has long since been out of use,
the conclusion is that it was found too unpopular to be endured. At
the Revolution, if not before, all this with so many other abuses would vanish of course.

Identifier: | JB/047/074/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-12-01	Marginal Summary Numbering	7-8, 6a
Box	047	Main Headings	evidence
Folio number	074	Info in main headings field	evidence
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	14942
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