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PROCEDURE Summary EVIDENCE. Competency. Informers reprobated

A man wants [an] inducement says the Statute Law to tell what
he knows — we'll give him one: & when
he has got it, he shan says the Common
Law, he shan't be heard. It is singular
enough to observe that these 2 resolutions should subsist be in
force together: but what is truly ridiculous, is,
to see the same person concurring in the 1st
of them in one dress, while he concurrs & with
the second in another. In this state of tranquil contradiction have the 2 powers jogged on for ages

Meantime It is the witness this inducement if it is fit
and necessary for either, anybody is still more necessary
to the witness, than to the informer: than to him
who is in reality the discoverer than him who
is called so: It is the witness & not the informer
to him who has no occasion for the other, & who even
when for form sake he has the other with him, rests who goes through
all the sweating of examination & cross-examination, and bears all
the heat & burthen of the day

---page break---

What is to be wished for in this case is, that Legislators would
once for all settle with themselves, what it
is to mean: whether to trust persons attracted
to their service by such considerations or not to trust them

At any rate let them not by their own act
cast a taint of ... envelop
upon the only class of persons their impotency has left them,
disable good witnesses while they advertise for bad while they accept 2 bad witnesses, let them not
turn back a good one.

The gross optics of those barbarians to whom
we owe this system could not discover corruption
but when they saw it in hard money
paid down upon the nail: & when they saw
that, there it was, they were sure. By this contrivance common Lawyers satisfied 2 prejudice at once infamy of the an informer & interest by the evidence by the reward.

Identifier: | JB/051/024/001
"JB/" can not be assigned to a declared number type with value 51.


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evidence; procedure code

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procedure summary evidence competency informers reprobated





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jeremy bentham


[[watermarks::[lion with vryheyt motif]]]


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