JB/047/109/001

Click Here To Edit

May 1806
Evidence

The course taken by in the two schools has been different, according because
correspondent to the difference in the circumstances in which they were
placed.

In the Roman School, Judges, if there were hundreds scores or of them,
in quondam France not an unfrequent incident, pitched always upon some
one Jonas scape-goat, upon whose shoulders to lay this drudgery – so much vexation
saved to all the rest: the and in the instance
of each one of them, the one excepted so much exclusion of the evidence, of the whole mass
of evidence in the best shape: admission of it in an the inferior shape,
killed and dished up by in the dead letter of a formal jargon, admission consideration
of it in this bad shape, in the bits and scraps in which each man's
indolence and carelessness admitted of his calling for it locking of it.

In the Roman English School, Judges, official and learned Judges,
being finding themselves encumbered with their unlearned and occasional assessors,
distinguished by the name of Jurymen, found themselves obliged on all
such occasions to under the unpleasant necessity of hearing the evidence
being at almost as much trouble about hearing the evidence, as if
sitting <add>at their each at his own fireside,</add> it had been their wish to come at the truth of the case and do and do justice
between the parties. But Accordingly when freed from this encumbrance clog
they have noting more to think of, than what that mode or a shape it is mode will that will to
themselves will be productive of least trouble. Unfortunately for justice,
it happens to be the worst shape into which it is possible for evidence to be
put, unless the paper, immediately as soon as read, the papers were put into the fire were employed to light
keep up the fire.

To explain the case the more clearly, there are pickings are got out
of the bad mode, over and above any that are to be got out of the good one.

No set of men by whom the unfitness of the mode, the only mode
they pursue with so much constancy, is more as thoroughly understood, or
so openly avowed, as by themselves. When disposed to find out the see
the truth brought to light, the Equity Judges send the fact to be tried in the
second best mode the best technical mode – in their own language, they direct an Issue. But
first the cause has been tried evidence must have been received in one of the bad and enormously expensive
Roman modes: and instead of being tried received in the best mode of all, in which
it would cost nothing, it is received in the second best mode, in which the receipt
of it is clogged with a load of additament and factitious expence.

Identifier: | JB/047/109/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-05	Marginal Summary Numbering
Box	047	Main Headings	evidence
Folio number	109	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14977
Box Contents