JB/047/090/001

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1803
Evidence

have been to be sought for from the testimony, is put into the hand
of the witness, put into it beforehand, put into it before the perjury,
by the party who is to reap the benefit of it. If not, what should be the
inducement on the part of the witness, and by the supposition a dishonest
one to give up an advance already in his hand, or so much
as to come forward, in the character of a witness, even supposing it to
be in his power so to do without any such sacrifice? The interest
therefore which is pretended to be have been done away by the release, subsists
in effect notwithstanding: it may be in one shape, it may be in
another shape: but it subsists at any rate in at any rate, in an adequate
shape: in a shape which if new is as efficacious, as sinister
as the original its preceding shape.

The course below To render our conception of the case the
clearer, a distinction may in this place be of use. The course taken characters in
the drama farce are differently filled by the release is different according to the nature of the interest to the
action influence of which the witness is exposed: according to the nature of the situation
which the witness is in, with reference to profit and loss. If
the effect of the testimony, supposing it admissible without the release would
have been to put the witness in possession of a profit,⊞ ⊞ or (to speak more strictly)
to put him in possession
of money or money's worth
which till then was not
in his hands
a surrender is made
of the profit, by the witness
to the party: the contingent
profit, the value at stake
passes out of the hands of
the witness, into those of the
party: the release is from
the witness to the party, in that case
the station of relessor is occupied part of relessor is acted by the witness, that of relessor by the
party who calls him in. If the effect would have been to save him
from a loss, or rather, as before, from the obligation of parting with
money or money's worth which at that time was in his hands the parts are cast in the opposite way and the actors change characters, the release
is from the party to the witness. In the first case Where the release is from the witness to the party the persuasion
for the testimony, the inducement to deliver it must be put into the hands
of the witness by the party before or after the exhibition of the testimony, as they can agree: if it be not put into his
hands at the before the evidence is given, confidence in the party, in
some shape or other must by the witness be reposed. Where the release is from the
party to the witness, the release itself constitutes the persuasion, and there is no
room in the case for any other. Where the release is from the witness to the party

Identifier: | JB/047/090/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803	Marginal Summary Numbering	4a
Box	047	Main Headings	evidence
Folio number	090	Info in main headings field	evidence
Image	001	Titles	note?
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d22 / e3
Penner	jeremy bentham	Watermarks	1800
Marginals	john herbert koe	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	14958
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