rendering his testimony of a transition [To a man's serving of as a witness Evidence] 3 things
are necessary. [to an Witness evidence] 1st [Physical
power or rather] Knowledge. 2d Legal
Power. Competency + + One might add Physical Power. viz what is taken away by Sickness, Imprisonment &c 3d. Motive or Inducement
The 1st is what the Law must finds in a man.
the 2d what it should leaves him. & the 3d
what it gives becomes sometimes necessary that it should set [often] sets] itself to work to
[The 1st is out of the reach of the Law to give
or to take away]
Its endeavours to give measures for giving a man the last, should
be subordinate to its precautions for leaving
him the 2d. Such is the dexterity with which it has often happend that this business has been conducted with which this business has often happend to be conducted If he has not competency,
there is an end of him as a witness.
Thus it is is the way with unskillful workmen to pull down while they build with one hand while they to pull down with another. But a motive may not be wanting to him,
tho' the Law should fail to give him one: because
he may have one already of his own.
Such in particular is the case of the party
govered in offences of the 2 first classes,
whose object is determinate which have a certain individual for their object He is as more much in
the way as than any one to have knowledge
of the offence: He might have competency if
the Law would let him. He can seldom want
a motive — Nevertheless least he should,
the Law itself has in many instances taken
it in charge to find him one.
The necessary effect of this kindness the effect consequent on has been, [it has taken
away] his competency has been destroy'd & thereby render'd
both knowledge & motives render'd of no effect. [to no purpose.]
The remedy for this is
When a man can get+ i:e: gratify either concupiscible or irascible no more by telling falshood
than by telling truth, and knows that he would expose himself
to a [considerable] danger by telling falshood,
which he would not by telling truth, he
will tell truth. It is a general proposition,
equally praedicable of the good the bad, and
the indifferent among mankind.
A man must have an interest to give his
testimony, as he must to do any thing else,
or he will not do it. At the same time it
is said and firstly, that if not absolutely necessary,
it is best at least that a witness [should] be
disinterested. that is should have no interest How is this to be reconciled?
He ought to have an interest: but such an interest
as is moves presses + + works not in opposition but in conformity
to the ends of Procedure.
An interest is pain or pleasure ...
take here for example pleasure.
If the pleasure depends depends is a pleasure that he will
as if he simply upon the giving his evidence
EVIDENCE [BR][ ][ ][
Identifier: | JB/051/014/002
"JB/" can not be assigned to a declared number type with value 51.
evidence; procedure code
procedure evidence. competency. 3 requisites in a witness
[[watermarks::gr [crown motif] [lion with vryheyt motif]]]