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29 Jany 1812
Evidence
Where was ever that cause, for the trying of which
that Rome-bred mode was a fit mode? – Not anywhere.
Why then is not an issue directed in every case?
Would not this the grievance be thus removed? The grievance, would it not, at this would it not thereby price be
removed? – On the contrary, it would be aggravated. An additional load of
factitious and useless needless delay vexation and expense
(for there would be no substitution – it would be all addition)
with an additional load of recorded lies to befoul
the case – (stories about a pretended wager, and so forth) –
to heap confusion upon confusion, and mass insult multiply by forty-nine the
insults at present offered to morality and justice.
The Chief The Judge of the Court of Exchequer Moreover not only in the Lord High Chancellor’s Equity
Court but does the Chancellor, but in the manner the of Exchequer
to the judges of that illustrious Court Honourable Court
where so it pleases them, direct an issue; but in this
case to be tried before one of themselves: for this is an
amphibious Cu judicatory; with an at his it has Equity side
in it, and a Common-Law side: each Judge is
composed of two discordant halves: The Equit each
is half is persuaded – constantly persuaded, (and as never was ever persuasion more just?)
of the unfitness the and ever unfitness of the course pursued by the other:
the judgments pronounced, or about to be pronounced,v
by the Common-Law half, the Equity half ( pulveris
finance non exigui jactu) is ever ready to stop or to overrule: the mode
of collecting evidence employed by the Equity half
being, in to its own perfect conviction, not calculated for the
discovery of truth – calculated for nothing but the oppressing
the subject with an intolerable load of factitious delay
vexation and expense – it employs itself stops⊞2 ⊞2 upon occasion, its own snail’s pace (longinesmoyennant
finance) in hearing and for a time turns over the business to the
Common-Law half, adding instead of always to, instead of ever substracting from,
the load of manufactured delay vexation and expense.
Identifier: | JB/047/367/001 "JB/" can not be assigned to a declared number type with value 47.
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1812-01-29 |
18 or 2 continued, 19 or 3 |
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047 |
rationale of judicial evidence |
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367 |
evidence |
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001 |
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text sheet |
1 |
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recto |
d27 / e2 / f153 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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15235 |
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