JB/051/026/002

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EVIDENCE Civil. I

It at times somewhat and consistent when one thinks of
it
That while people who have no concern in a
dispute are sent for from all parts of the
world to tell what they know about it, the
very persons who know most, the parties tho' whole
theyshould live close under the Courts, are the very persons
who in the Law will not permit even can never be called upon.

True says the practised Lawyer, but this is on its great
wisdom, as seeing knowing on the one hand the great
danger of Perjury, if every one were to be permitted
to give evidence in his own cause behalf testimony in his own favour: &
on the other the hardship of compelling him to
disclose any thing to his own prejudice.

And how would a poor Lay man who should dare
to suggest this from the lights of example his untutored reason
be part to confusion & to shame; returned
by his antagonist & confounded by the authority of
the wisdom of Law, steady and inflexible and laying down to
itself these maxims of prudence from its first
original, & not to be changed from its foundations for
the sake of the new fangled beholder consents of
half-informed Projectors

To one however, who knows that all this is but
sound, that paid fair maxims have been long since
slighted, that all this the consideration from which all these horrible
consequences are apprehended may be obtained
at any time by him who is able at the same
time that he is willing to purchase it at come up to the price [that
is demanded,] that if it is unsafe & hard, on
one side of the table, it is probably safe & reasonable
on the other, these onerous afford little
trouble: excuse-to he will give this advocate histhe
choice to whither the rules maximums shall be reasonable
or otherwise, and then put him to vindicate
the practise, if he can.

That the same thing should be excepted in a cause
that is acknowledged to be imperfect, while it is remain for
hidden to be executed and a course accord acknowledged
to be the most perfect — desirable by the wit
of man is when the danger of prevacation is increased
ten-fold by the for premeditation:
when the blushes of guilt are by the will
of the client of the of the
EVIDENCE CIVIL Examination of Parties. BR Second-hand.

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+ so late as the reign
of Elisabeth, precedents
are calculated
to evince a reliance rather
on the humility & carrier brief of their replication
, than on the
of the cause.

The same
which taught
man to rely on such
methods of proof as the
brief by ordeal is by
battle, suggest this
in form of the defendant

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The legalworld set out with those ideas : & the departion
from them in any instance was an extraordinary
affair, not obtainable but upon special grace &
favour [of the crown] + By degrees others -
departures became more frequent: & at length
habitual. They are new formed into a system :
as certain & will established, as that in contradiction to which
they first originallyarose
This out at last to have the effect of opening our eyes;
& of us

The old wager of law [was a would much and this? part of this
with all its inconveniences & more of its
It was an examination [ex parte ] on one
only, & without the benefit of cross -examinatory
& at al wants conclusions as to cross-examining
& at all wants conclusion so as to grown absolutely
the decision. No wonder this rule & . …. expedient
was avoided as this law of Justice
corrected by the . . . . pen.

This is indeed the only case in which one cane hope to
silence the depends a of what is established
where were the practise uniform how unreasonable
so every, in vain would you oppose their clamour
against shaking that fabric of . . . wisdom
but when one can show them that the [idol]
Deity which they worship has decided both ways
that if theywhatthey depend is on one side they must
combat it on the other, then perhaps, tho' reluctantly
they may be persuaded to depart from its Tribunal
& listen to the voice of reason.

What then the Law requires, has decided is not that it shall
not be done, but that it shall be done / if using in a worse manner.

In form

The testimony from at second-hand of one whose
1st another is deceased, + is not absolutely to be rejected
but let the judge of fact consider, that such
first author was never cross examined: let them
also consider whether the demand he had so for

or whether though of importance, he may not

have suppressed something.

Identifier: | JB/051/026/002 "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	026	Info in main headings field	procedure evidence civil
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16191
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