JB/058/310/001

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25 March 1805
Evidence

A hypocrite lawyer, whose intention meaning were either to spoil betray
and disgrace the natural system, or to give to any technical system the
appearance without the reality of its use virtue in the character of a
security against insincerity and known injustice self-conscious injustice, would might here propose
the institution introduction of some such formulary as might be termed
an oath of sincerity, analogous to the oath of calumny, or
the juramentum expurgatorium or juramentum suppletorium of
the Romanists. I swear, as I declare that I believe I
have a just cause of action – I swear I declare that I
have a just good defence: all this upon paper, out of sight
of the adversary, out of sight of the Judge in some such general
terms as here exhibited, and without specifying what the cause of
action, what the ground of defence. Examples of the sort of
sham remedy security of this mask for insincerity are not altogether wanting
in technical I do not say that this procedure.

I do not say that even this insipid milk and water remedy, if
applied to the extent of the demand would be altogether without
its use. A Consumer there may here and there be, of so delicate a
texture so delicate, as to be incapable of swallowing such a
declaration, in the full and direct contemplation of the absence of all pretence
of all title to the advantage claimed by the plaint or the defence.

But if the comparative inadequacy of any such undetached general and
unscrutinized declaration a conception preconception may easily be formed upon
the bare view of it, and a conception that will receive ample confirmation
in the course of the ensuing pages.

Of the security thus afforded against mala fides ( oh, that the
thing were but as unknown to English practice as the name!) – I say for
with men of law the technicalists for want of a name in English an English denomination male fides, there
will be frequent occasion to make mention in the course of this work. On
such occasions, (since there is no speaking of any thing without a name) proof
of sincerity, or oath of sincerity may for shortness be that name. But let it never be
forgotten, that when speaking of the security in question here in view by any such name, purely and simply a pre-appointed I mean not any verbal
formulary, devised appropriated to the purpose, but the natural and necessary effect and virtue of the faculty of
reciprocal interrogation coram judice, as applied to conferred of course on the parties by the
natural system of procedure in its simplest most simple and natural form as here designated.

Identifier: | JB/058/310/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-03-25	Marginal Summary Numbering	8-12
Box	058	Main Headings	evidence
Folio number	310	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	cw 1799
Marginals	jeremy bentham	Paper Producer	c. abbit lees
Corrections		Paper Produced in Year	1799
Notes public		ID Number	18979
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