JB/047/075/001

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1 Decr 1806
Evidence

2. 2 Exception the 2d. Testimony collected in secret
and the Rome-bred mode: – delivered vivâ voce, collected
in secret, by a sort of deputy – and at the same time,
or some other, that or somewhat else instead of it, under the name of depositions, committed
to writing by a sort of Deputy-Judge, who might
be any body, so that he were not the Judge by whom
the decision grounded on it was to be formed.

Where comes this exception? From two causes.<p>

1. Historical cause.

1. The sort of Judges by which this mode of collecting evidence
was introduced, were not the ordinary, common law, temporal
Judges, but Spiritual ones. Spiritual met sitting and
judging at first only in spiritual causes for the good of souls, with religion
in their lips mouths, afterwards, for less sublime purposes, with
Equity in their mouths. Spiritually, with Equity every thing
belonging to it came last from Rome: and at Rome they
there were no Juries. Spiritual Judges had no need from the very first looked
no temporal nor had, down with scorn on Juries. To filch jurisdiction as from these Temporal
ones did, little by little, was to them a needless theft: they set up their they came to the point at once:
instead of it: they thrust pushed aside the jurisdiction of a
Jury, and set up their own instead of it.</p>

2. Psychological cause. If affidavits yield fire, depredations
y with their appurtenances yield still more
fire. An Equity cause is not A Spiritual Court cause suit, an Equity cause suit, are not either of them an Affidavit cause suit, but
it is something a good deal better they are, each suit of them,
a much better cause thing. sort of suit.

Identifier: | JB/047/075/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-12-01	Marginal Summary Numbering
Box	047	Main Headings	evidence
Folio number	075	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14943
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