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<p><!-- pencil -->30 Jan<hi rend="superscript">y</hi> 1812<lb/>
''This Page Has Not Been Transcribed Yet''
<!-- pencil --><head>Evidence</head></p>
 
<p>The favourite shape, <add>the deposition shape</add> which, in so far as they have found<lb/>
 
themselves at liberty, English judges, borrowing it from the Roman<lb/>
 
school have taken upon them to give to evidence –<lb/>
is it really in a <del>proportionable</del> <add>correspondent</add> degree favourable to the discovery<lb/>
and display of truth? – confine it not within the narrow<lb/>
<del>Conceive and <gap/> in House of Commons <gap/></del><lb/>
sphere of Equity – give the lot extend the benefit of it to the whole<lb/>
country – apply it <add>to</add> inquiries carried on for <del>the</del >a legislative purpose –<lb/>
introduce it into <hi rend="underline">the House of Commons</hi>.  Conceive now, in that source, and seat of inquisitorial evidence<lb/>
wanted for the detection of a peculating or enemy-pensioned<lb/>
Minister: <del>and</del> <add>– conceive thereupon</add> instead of the <add><del>source</del> <hi rend="underline"><unclear>those</unclear></hi></add> so happily <add><del>and <gap/></del> and unavoidably</add> established efficient<lb/>
mode, that <del>Equaity</del> mode <del><gap/> which by the<lb/>
<gap/> <gap/> of <gap/> all <gap/> the course of Equity</del> <add>of <unclear>iniquity</unclear> employed which, as it were in derision, is called <hi rend="underline">Equity</hi>:</add><lb/>
<del>has been <gap/> in</del> – conceive, under the name of<lb/>
<hi rend="underline">a Bill</hi>, a volume of <add>notorious</add> lies delivered <add>in</add>, with <add>three or</add> four <del>or five</del><lb/>
months time for a first answer, and <del><gap/> <gap/></del> <add>after exceptions taken</add><lb/>
<add>of course, two or three</add> months for a second, – then amendments made to the<lb/>
Bill, with more such delays, and <add><del>far</del></add> more succeeding<lb/>
answers, –<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> then <hi rend="underline">a cross Bill</hi><lb/>
filed on the other side,<lb/>
and a second such<lb/>
cause thus<lb/>
mounted on the shoulders of the first –</note> then volumes <del>of petitions</del> heaped upon volumes<lb/>
<del><gap/></del> <add>of depositions</add> – then after a few years thus employed, a<lb/>
decree obtained, by which nothing is decided – then<lb/>
the whole matter, <add>and everything that has been made to grow out of it</add>, sent to be investigated <del><add>in the <gap/> <gap/></add> by the sort</del><lb/>
<add>in the hermetically-sealed closet of a sort</add> of Under-Judge called a <hi rend="underline">Master</hi> – with <del>a pretended<lb/>
<gap/> <gap/></del> days of attendance, separated <del>each of</del> <add>from each</add><lb/>
<del>them</del> <add>other</add> by days <del><gap/></del> <add>or</add> weeks – length of attendance each<lb/>
<add>day,</add> nominally an hour, really half or a quarter of the<lb/>
<del>time</del> time – <add>a Clerk furnishing examination and decision, the Master auspices –</add> the Judge paid for three attendances and<lb/>
bestowing one – (for the Statute which transports men for<lb/>
obtaining money on false pretences <del><gap/></del> does not extend<lb/>
to Judges) – the party, whose <add>interest and</add> purpose <del>and interest</del> is<lb/>
served by delay, attending or not attending, according<lb/>
as by attendance or non-attendance that interest and<lb/>
that purpose are best served – then, <del>after</del> <add>in the course of</add> a few more<lb/>
years thus <del>filled up</del> <add>employed,</add> out of a dozen <del>or <gap/></del> <add>or two of parties,</add> one<lb/>
carried off <add>by death</add> and then another – and <del>each have</del> <add>upon each death</add> another<lb/>
Bill to be filed, and the same or a similar course of retardation<lb/>
to be run.</p>
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Latest revision as of 17:55, 20 October 2023

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30 Jany 1812
Evidence

The favourite shape, the deposition shape which, in so far as they have found
themselves at liberty, English judges, borrowing it from the Roman
school have taken upon them to give to evidence –
is it really in a proportionable correspondent degree favourable to the discovery
and display of truth? – confine it not within the narrow
Conceive and in House of Commons
sphere of Equity – give the lot extend the benefit of it to the whole
country – apply it to inquiries carried on for thea legislative purpose –
introduce it into the House of Commons. Conceive now, in that source, and seat of inquisitorial evidence
wanted for the detection of a peculating or enemy-pensioned
Minister: and – conceive thereupon instead of the source those so happily and and unavoidably established efficient
mode, that Equaity mode which by the
of all the course of Equity
of iniquity employed which, as it were in derision, is called Equity:
has been in – conceive, under the name of
a Bill, a volume of notorious lies delivered in, with three or four or five
months time for a first answer, and after exceptions taken
of course, two or three months for a second, – then amendments made to the
Bill, with more such delays, and far more succeeding
answers, – then a cross Bill
filed on the other side,
and a second such
cause thus
mounted on the shoulders of the first –
then volumes of petitions heaped upon volumes
of depositions – then after a few years thus employed, a
decree obtained, by which nothing is decided – then
the whole matter, and everything that has been made to grow out of it, sent to be investigated in the by the sort
in the hermetically-sealed closet of a sort of Under-Judge called a Master – with a pretended
days of attendance, separated each of from each
them other by days or weeks – length of attendance each
day, nominally an hour, really half or a quarter of the
time time – a Clerk furnishing examination and decision, the Master auspices – the Judge paid for three attendances and
bestowing one – (for the Statute which transports men for
obtaining money on false pretences does not extend
to Judges) – the party, whose interest and purpose and interest is
served by delay, attending or not attending, according
as by attendance or non-attendance that interest and
that purpose are best served – then, after in the course of a few more
years thus filled up employed, out of a dozen or or two of parties, one
carried off by death and then another – and each have upon each death another
Bill to be filed, and the same or a similar course of retardation
to be run.


Identifier: | JB/047/378/001"JB/" can not be assigned to a declared number type with value 47.

Date_1

1812-01-30

Marginal Summary Numbering

4

Box

047

Main Headings

rationale of judicial evidence

Folio number

378

Info in main headings field

evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d33 / e3 / f159

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

15246

Box Contents

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