JB/047/366/001

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29 Jany 1812
Evidence

Exchequer Judge receiving evidence, in so bad shape
– has receive again in a good shape

§. 5. On the part of English Judges in their conscious – consciousness of the unfitness of the
modes employed by them of their own practice.

IV. As to the question whether the unfitness if the
only shapes in which they have suffered, or will suffer,
the evidence to come before them, the unfitness, can never
as here brought to view, can ever have been a secret
to those arbiters of human destiny, the answer may might,
without other documents, and without much danger of error,
be left to the plainest dictates of common sense.

In the situation of those Judges, whose seat is in the
Ecclesiastical and Admiralty Courts, it might, for any thing that appears, be possible
to pretend ignorance of the unfitness of the evidence,
in the only form in which they receive it: without being
self contradicted and self , self without
by this bye portion of the hierarchy, such ignorance might
possibly be pretended without receiving contradiction and confutation from their own
lips and or their own practice.

In the situation of those whose seat is in a
Court calling itself a Court of Equity this is not
possible: of this impossibility, a proof not to be made sufficient intimation
is given conveyed, by the single word issue, in
the phrase to direct an issue.

The Chancellor directs an issue – to be tried: that
is, directs a question of fact to be tried, by evidence collected in the open mode, by in the
way of jury trial: in about one cause out about of fifty, this mode
of collecting the evidence is employed. – Employed in
that one cause, and for why what reason? For the same
reason which if true passes the most just and decided
condemnation on the course (what that course is has
just been seen) – which is pursued – so inexorably pursued – in the other forty-nine.

Identifier: | JB/047/366/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-29	Marginal Summary Numbering	17 or 1 - 18 or 2
Box	047	Main Headings	rationale of judicial evidence
Folio number	366	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d26 / e1 / f152
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15234
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