JB/058/394/001

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13 June 1805
Evidence

§. Excluding principals – admitting which none but hired proxies were admitted

These two arrangements are in effect but counterparts of one and
the same arrangement. Excluding principals without admitting proxies
would not have executed the design but marred it: it would have put one
end to all suits. Admitting hired the hireling while the principal remained
unexcluded is an arrangement that would have been little less incompetent to the purpose, under the
natural system, as hath been seen, it is an arrangement that not infrequently can scarcely be dispensed with.

This stroke, one of the boldest as well as most nefarious flagitious that
ever was struck either by fraud or force, could not be struck at once.

The A rule principle of natural justice the most obvious perhaps and most irrefragable
of any that ever presented themselves to human reason could
not be battered in breach: it was necessary to undermine it.

Andi alteram partem is an adage, among the most frequent in
use, as well as among the earliest in date. By another maxim
somewhat more extended, the iniquity of the Judge who should presume
to violate the former is denounced to the tribunal of mankind. Qui
statuerit parte inaudlta altera, aequum llce’t statuerit, non æquum
facit. Andi alteram partem – the injustice, the single injustice
comprized in the violation of that rule, was the utmost most flagrant that in that
early stage of human existence improvement and human corruption had presented itself to the imagination
of mankind. By the stroke, the master stroke here in question, before us,
that injustice was doubted. To steer clear of the imputation, fiction,
the supreme and everlasting God of in the man of laws machinery was involved, and not
involved in vain. In the eye of the law Parties and proxies are all one: hearing the one
is hearing the other. – No, Sir: hearing the one is not hearing the other.
Hearing the treacherous hireling, your creation the man who plays into your hands, your dormant partner, is not hearing the his
oppressed and deluded principal, the oppressed and deluded party suitor whom
you and he have marked out for pillage. If the falshood of the subterfuge
were not fully known to you, you would not have been so ready to devise and alter it be so ready with it as you are.⊞ ⊞ It is because the presence
of the party would defeat the
conspiracy, that you venture
as so monstrous an
injustice as that of
shutting the door in his face.

As with an Say this, and the next thing for you to say, the dove pigeon and the hawk
are one bird in .

Identifier: | JB/058/394/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06-13	Marginal Summary Numbering	1-2
Box	058	Main Headings	evidence
Folio number	394	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19063
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