JB/058/009/001

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14 Apr. 1803
Evidence

So far as this account of them is just, the several this
decisions and discussions exhibited by them may all of them
be referable with propriety to the question – to the problem⊞ ⊞ concerning the weight of evidence:
concerning the weight – the persuasive force to be proper in each instance to
be allowed to evidence this or that article or species of evidence.
The account thus given of them will accordingly be found
just: so far at least as the little points of difference that may be found
in their respective contents will admitt of one and the same of these different works will be found capable of admitting of
description. I say just, but to render it such, one an explanation
will be found requisite. To reject a piece of
evidence – not to suffer to be exhibited a piece document or
a testimony which at the instance of this or that one of the parties would, if
permission could be obtained, be exhibited in the character of a
piece of evidence – is the same thing in effect as to say
that it should not be suffered to have any weight at all.
The decisions and discussions exhibited or referred to reported in these books, turn
almost exclusively on the question point shall the piece of evidence
on the carpet be suffered or not be suffered to be exhibited
and handed up to the Judge.

In the language of the English From the phraseology belonging to the language at large, let
us now turn for a moment to the particular phraseology in use
on this occasion among English lawyers.⊞ ⊞ In almost every instance
that occurrs, expressed in
general language. The question discussed is
with respect to the piece of evidence on the carpet, is
received or rejected: this expressed in technical language is –
the objection made to the evidence, supposing it valid shall it be understood to apply
to the competency of the evidence , or to its credibility.† † Competency and credibility
– the language confined to oral
evidence: No other words phrases
the words received as employed. If the
answer be to the competency and such be the decision – this is as much as to say – the evidence
shall not be admitted: it shall be rejected, excluded: it is bad evidence.
If the answer be – to the credibility only – this is as much as to
say the evidence shall be received: shall be admitted.

Identifier: | JB/058/009/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1803-04-14	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	009	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	18678
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