JB/047/378/001

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30 Jany 1812
Evidence

The favourite shape, the deposition shape which, in so far as they have found
themselves at liberty, English judges, borrowing it from the Roman
school have taken upon them to give to evidence –
is it really in a proportionable correspondent degree favourable to the discovery
and display of truth? – confine it not within the narrow
Conceive and in House of Commons
sphere of Equity – give the lot extend the benefit of it to the whole
country – apply it to inquiries carried on for thea legislative purpose –
introduce it into the House of Commons. Conceive now, in that source, and seat of inquisitorial evidence
wanted for the detection of a peculating or enemy-pensioned
Minister: and – conceive thereupon instead of the source those so happily and and unavoidably established efficient
mode, that Equaity mode which by the
of all the course of Equity of iniquity employed which, as it were in derision, is called Equity:
has been in – conceive, under the name of
a Bill, a volume of notorious lies delivered in, with three or four or five
months time for a first answer, and after exceptions taken
of course, two or three months for a second, – then amendments made to the
Bill, with more such delays, and far more succeeding
answers, –⊞ ⊞ then a cross Bill
filed on the other side,
and a second such
cause thus
mounted on the shoulders of the first – then volumes of petitions heaped upon volumes
of depositions – then after a few years thus employed, a
decree obtained, by which nothing is decided – then
the whole matter, and everything that has been made to grow out of it, sent to be investigated in the by the sort
in the hermetically-sealed closet of a sort of Under-Judge called a Master – with a pretended
days of attendance, separated each of from each
them other by days or weeks – length of attendance each
day, nominally an hour, really half or a quarter of the
time time – a Clerk furnishing examination and decision, the Master auspices – the Judge paid for three attendances and
bestowing one – (for the Statute which transports men for
obtaining money on false pretences does not extend
to Judges) – the party, whose interest and purpose and interest is
served by delay, attending or not attending, according
as by attendance or non-attendance that interest and
that purpose are best served – then, after in the course of a few more
years thus filled up employed, out of a dozen or or two of parties, one
carried off by death and then another – and each have upon each death another
Bill to be filed, and the same or a similar course of retardation
to be run.

Identifier: | JB/047/378/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-30	Marginal Summary Numbering	4
Box	047	Main Headings	rationale of judicial evidence
Folio number	378	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d33 / e3 / f159
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15246
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