JB/047/083/001

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23 Decr 1803
Evidence

In English law, scarce any such idea as that which is here
meant to be expressed by the word Instruction is to be found:
at any rate not any where in the field of evidence. The English
legislator scarce knows what it is to speak for any other purpose
than to command: not so much as to the class of official persons
who are the objects of his clerical confidence. The consequence
is that where as laws, the subject subject matter does not admitt of his operating
to advantage in any other way than that of command he
either commands to a disadvantage or does nothing. He
either shuts the door of against the apprehended deceiver altogether, or turning turns him in without meaning upon those in whom his powers of
deception, it is found may operate. The witness is
discovered – discovered either by the legislator , or by the
Judge in his character of a subordinate legislator acting obliquely
and as it were by stealth – the witness is discovered to stand
exposed to the sinister influence of a mendacity-prompting
cause: if any thing is done in consequence he is excluded for that
cause and then the cause is said to be operate as an object to the his competency
of the witness: So if the witness is not excluded where
although a discovery of the same kind is made, and the witness is
not excluded, the cause in question if asked at all, is spoken
of as an objection not to the his competency of the witness but to his
credibility, or credit: and then he is received like any other
witness, withoutany thing a word from the legislator to the
Judge to put him upon his guard: to indicate in what from enable him to judge
in what manner and degree the probability of mendacity or veracity
on his part is increased by the action of that cause.

Identifier: | JB/047/083/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-12-23	Marginal Summary Numbering	5
Box	047	Main Headings	evidence
Folio number	083	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14951
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