JB/047/205/001

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27 Oct 1806
Evidence

That which is seen and understood by every man, is seen
and understood even by the man of law, all his learning

What is seen and understood by every man is – that a mass
of testimony which stands bereft of any one of the above securities
for trustworthness, does not present so great a probability of being trusthworthy
– of being at once correct and compleat – as if it
were in possession of them all.

This therefore is seen and understood – even by the man
of law. – Observe the consequence.

So of affidavit evidence it is the property to stand divested
of all those checks to – of all those securities.

Of evidence collected in the Roman mode it is the property
to stand divested of them in a very considerable degree

Evidence in the form in which it is invested with those The form which gives to a mass of testimony the benefit of all
securities in which its in respect of correctness
and compleatness it has the benefit of all those those securities is
a form in which, except in an a narrow instance or two scarce
worth mentioning, the Judges of regular Courts of both all classes, , and
Common Law Courts, Equity Courts, Admiralty Courts, Ecclesiastical
Courts, have concurred, so far as depended upon themselves, in
putting an absolute exclusion upon it.

The form shape in which the adoption which they have all concurred
and which in respect of the extent to which it is employed forms
the general rule – (affidavit evidence, of which presently) is a form in
which it stands, divested of all those securities. To the use of this
form the only considerable exceptions are those constituted by the use made
of two other forms, each of which stands divested of them in a very considerable degree. I speak of evidence
as collected in the Roman mode principally from extraneous witnesses, occasionally from parties, and evidence as collected in the English Equity mode from
the defendant only, by a sort of epistolary examination. Of each of these less trustworthy forms a more particular description will be seen presently.

Identifier: | JB/047/205/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-10-27	Marginal Summary Numbering	3-5
Box	047	Main Headings	evidence
Folio number	205	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	15073
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