JB/091/314/001

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1 March 1808

The consideration which obtained a place for this
rule proposed rule on the in occasion of Scottish procedure, was a
point of practice source of injustice and immorality which, as between Scottish Scotch and English is peculiar
to Scotch law: I mean the practice of suffering or referring
a fact to be referred to the oath of the adverse party, without permitting
the scrutiny to be applied to his testimony so delivered.

Behold the In general, or at least in
cases to a great extent, the testimony of a party, supposing
it offered at his own instance is stands excluded – excluded,
not admitted, although it were offered to be subjected to
the scrutiny of cross-examination, as well as confirmed
by the sanction attached to the solemnity of an oath. In a particular
case, this most peculiarly suspicious of all testimony species of evidence is admitted:
and admitted, and on what terms? – on the
express terms of not being subjected to that scrutiny the
searchingness and utility of which in the character of a
security for truth is so thoroughly felt and universally
acknowledged. Such is the inconsistency and absurdity
of that practice.

Oh, but (says some one) the case, and the only case in which this testimony species of evidence
is a case in which the trustworthiness of it is established;
established by the best and most conclusive evidence: established
by the acknowledgement of the particular individual himself, who himself
calls for the testimony in question, apprised as he is of the
only conditions on which it is obtainable.

In the opinion of the party (suppose the plaintiff)
by whom the testimony of the adverse party (say the defendant)
is called for the defendant such is the probity of the defendant
that a reliance may be placed on his testimony
though in his own cause without the application of that sort of
security (cross-examination)
which in the case
of an individual taken
at random would be
indispensable.

Identifier: | JB/091/314/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-03-01	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	314	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29310
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