JB/051/020/001

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CERTAINTY EVIDENCE Oral — Division of Confessional is but Circumstantial.

oral Evidence is comes either 1st of the [Party] accused himself
or From a Stranger another i:e: a witness or 3dly from mixed both together
In the first case it is called Confession:
meaning coram juidice. By the 3d I mean
confession when extrajudicial — It originated
from the party, it is communicated by the
stranger, whom such a communication denominates
a Witness. The one is immediate the other derivative It is therefore in fact included
under the 2d.

Saunders commenting on the words in the Conventicle Act,+ +The one is original, the other hearsay evidence, but of the only kind that the Ch. Justice & reporter ought to be admitted where when the original arbitor can be come at. p. 27.
says "Upon proof to him or them respectively made
of such offence either by confession of the Party or &c"
says This confession must be Judicial before the
Justice himself at the time of the conviction, & not a
confession at another time, or before other persons; for
such confession, though sworn before the Justices by
sufficient Witnesses is only one evidence or circumstance ill expressed
of the fact, but not a ground to convict the offender
ipso facto, as a confession before the Justice himself is.

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The result of all this however is no more, the
the one is not so sure & strong a proof as is that other
for neither is absolutel there is no reason why the extrajudicial should as
not be sufficient if there is nothing to repel it,
the judicial is not absolutely conclusive: as has been
seen in the instances of those unhappy persons
whom the terms of a mob madden'd by superstition
have driven into the confession of vices of which
no one could can be guilty, & of those others, who have
taken their method of forcing themselves by the
hands of others of a life which was become
a burthen to them.

Identifier: | JB/051/020/001 "JB/" can not be assigned to a declared number type with value 51.
Date_1		Marginal Summary Numbering
Box	051	Main Headings	evidence; procedure code
Folio number	020	Info in main headings field	certainty evidence oral - division of confessional is bad circumstantial
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	l v g
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	16185
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