JB/058/387/001

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18 June 1805
Evidence

To mendacity, and its not to speak here of its near of kin temerity) two distinguishable
checks are opposed, wherever it is really meant seriously wished to be prevented: punishment
and cross-examination: terror of future contingent punishment under the name of punishment in
a large lot, and present shame, which in itself is in effect a present
punishment.† † Securities – Ch. Punishments. Of what concerns punishment, as well as of what concerns
the Judicial examination mention will be had consideration will be had in detail, in their proper places: suffice it to expiate here to call to view the now indispensable a general views necessity, the indispensable necessity
of one or both of these securities.

What then is to be expected of a system which not give
forbearing as it were cautiously to apply either of these securities, or
any other but a unless it be in the shape of costs a partial and distin the prospect of
an inadequate drawback to the profit of the mendacity at an at indefinitely

remote as well as future contingent period, puts it in the power of
either party, merely upon the mere condition of pronouncing or signing
a form or writing while his professional agent regar pronounces or
signs a certain form of words, puts it in the power of either party
to subject drag his adversary to through a totally mass of vexation, expence
and delay for a series of months or even years.

I open a book of French Procedure, it consists of no fewer than
most closely printed pages. It is stuck full of formularies.
From beginning to end neither in any formulary nor in any other part
of the book can I find any mention of punishment as for mendacity or
honesty on the part of either party, or on the part of any professional
agent of either party, or so much as the ceremony of one oath, much
less any such security as that of cross-examination by the adverse party
in the presence of the Judge, decrees upon decrees are issued, allegations
and proofs received, necessity of counter allegations imposed upon the adverse
party, proofs examinations in the dark and secret way there in use
without opportunity of cross examination, examination upon paper in a
never ending string granted on one side required and rendered necessity on the other,
all these sources of vexation and expence and delay set running in full
streams, upon no better ground than a vague written assertion or even petition without
assertion, on the part of a lawyer hireling agent to whom every lie is a source of profit,
and all this without the any the slightest security for the truth of anything that he says.

Identifier: | JB/058/387/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06-18	Marginal Summary Numbering	3
Box	058	Main Headings	evidence
Folio number	387	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19056
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