JB/058/374/001

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13 June 1805
Evidence

4. To exempt the parties For the purpose of the discourse thus to
be carried on by and between the parties through the medium of such their assistants
to exempt them one or both of them the force of those obligations impressions of punishment and terror from those ties which were at
the same time to continue to be employed for the purpose of securing
against mendacity and temerity the evidence of extraneous witnesses.

5. In the case of all such assistance on the part of either party, (in
particular of the defendant the party most generally interested in the production
of delay) as if true, might in reality or in appearance
have afforded a just and reasonable ground for ulterior instruments or operations
to give thence, immediately without opportunity of disproval or contradiction, the immediate
effect of imposing on the part of one or other party or both the necessity
of such ulterior instruments or operations.

By the former fourth arrangement, mendacity, in so far as the man of law
interest in the way of reaping his profit from it, was licenced: by
this fifth arrangement it was crowned: a right was given to it
the whatever profit it might near at was thus secured to it.
By the former falshood any false averments were permitted; by the latter, being taken for true
they were taken encouraged and suborned.

In regard to each of these several contrivances a word or two of explanation
or observation may be of use.

On the present occasion I give no other than the leading
features of the technical system: those by which it is which contrast
at first view with the corresponding features of the natural. In
relation to these, what ulterior features there may be occasion
to bring to view will be but so many fillings up of the outline
traced by those more essential views: or to change the metaphor, so
many edifices erected on those broad foundations, so many streams drawn
from those copious sources.

6. Not to suffer so much as
the proxies of the parties, to
come to any explanations
in his presence with relation
to the facts in which the ultimate decision
A was to turn – the facts principally and
ultimately in question in
the cause, till after a
certain mass of operations
instruments had been
interchanged between them
of course a mass as long
as there could be found as
sufficient pretence
for making.

By this refusal a divers number
of points were answered at once.
He saved those his dormant
partners from the obligation of
presenting, and himself from
that of receiving any of those
explanations which if they
could not have been kept back
might have put a premature
period to the .

2. By forcing them to perform
their operations and before other
eyes and present their instruments
to other hands, he prevented the
4th in the list of objects abovementioned, increasing the number of predatory hands through which the suitors were to be made to run the gauntlet for his benefit.
3dly So many offices as could thus be piled up, are upon
another, like Offer upon , so many all out of the eye of the principal, so many sources and scenes of occasional
misconduct, real or pretended, on the part of parties' Agents and Officers, each towards every other, so many occasions for incidental applications to be made to him for redress, applications producing
more instruments, more operations, with their inseparable fees.

Identifier: | JB/058/374/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06-13	Marginal Summary Numbering	3
Box	058	Main Headings	evidence
Folio number	374	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d7 / e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	19043
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