JB/058/308/001

Click Here To Edit

25 March 1805
Evidence

In the natural system of procedure in of the greatest perfection, but more particularly
in the simplest primitive and purest mode of it, may be seen one most important
feature, which unless placed by itself brought separately is a strong light, might
be apt liable to escape notice. This is the insuperable bar it opposes,
opposes at the very outset – in the very first to all malâ fide causes.
By malâ fide causes understand not only malâ fide actions or
demands on the part of the plaintiff but all malâ fide defences
on the part of the defendant: on the one hand all demands, on the other hand all
defences, which are in such sort to such a degree groundless, as that the party –
the plaintiff in one case, the defendant in the other – can not but be
conscious of their being so. Such is your demand, but on
what grounds do you support it? On what article of law do you rely,
as imposing upon me in a case specified the obligation you call
upon the Judge to impose upon me, and what according to you are the facts this do
you say have happened, of a nature to bring me within that case?
Such are the questions which a defendant of course would put to a
plaintiff who conscious of a want the groundlessness of his claim
should for the pu mere purpose of oppression seek to involve
an adversary his destined victim in the evils trammels of litigation. No: no such questions would such questions would
not be put: why? because for a man who plaintiff, or that is rather a man who
otherwise would might have come forward stood fresh in that character – a man
with such wishes in his heart, seeing beholding in the structure of the system
of procedure the impossibility of an realizing them would not shrink
from the contest – in the first instance – he would never dare to not have the courage to encounter a man to expose
himself to encounter any such questions, from the lips out of the mouth of an
adversary, in the presence of a Judge, more especially if under the
eye of a surrounding audience arch of spectators.

Identifier: | JB/058/308/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-03-25	Marginal Summary Numbering	1-4
Box	058	Main Headings	evidence
Folio number	308	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18977
Box Contents