JB/047/256/001

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26 Decr 1811

4. and 5. In regard to the affording assistance and
guidance to the Judge, in forming th his estimate of
the probative force of evidence, so that, in each instance,
the effect, produced by it in the way of persuasion on
his mind, may be neither greater nor less than which is its
the due then that but propriety belongs to it
due, here this whole quarter of the field will be found a compleat blank. Nothing ever
done, or so much as thought of being done, but by operation on the will,
nothing even thought of being done by assistance given afforded to
intelligence. Instead of information, exclusion employed
as above.

5. In regard to the of to the shape, putting aside the best
what is which, as having been originally the only shape, is the most shape obvious(a) as well as
the simplest shape the most obvious will be by an
by an abuse of the art of writing – it has been the of the art and
Judge to give case of the English Judge, to give (as will be seen) to evidence, in so far as hath been
in his power, the two worst and most deceptious, and in every respect the worst(b) shapes that could be
given to it: that in his so doing which his own sinister interest
has, (it will be seen) in curious shapes been persuaded is while proportion as the
interests of the public, in respect of truth, veracity morality and justice
have been sacrificed: nor in this case, on the part of
the legislator, has the have the transgressions of the Judge been
merely the result of the blind confidence reposed in that subordinate, the sinister interest
of who have the leaders in legislation having, on this
ground, interwoven themselves with, and given effect to the sinister interests of the
Judge.

Notes
(a) [most obvious] viz. examination vivâ voce, as in propriety before Juries –
before Justices of the Peace, – before Committees of the Legislature.
(b) Affidavit evidence: written depositions taken in an Equity Court,
Ecclesiastical Court, and Admiralty Court practice.

Identifier: | JB/047/256/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-26	Marginal Summary Numbering	5-6
Box	047	Main Headings	rationale of judicial evidence
Folio number	256	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8 / e3 / f42
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15124
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