JB/056/268/001

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1828 July 25
Jud

☞ Turn to p 5

Preface
Equity procedure

63 or 11
1. Evidence in favour of self
not to be believed 2. In Equity
defendant's evidence if agt
himself, admitted as true if
not contradicted by 2 witnesses.
Rule for excluding self serving
evidence — eluded.

According to one maxim in Equity as well in Common Law practice no man is to be believed as to
any thing which makes in favour of himself: on this ground
nothing which the plaintiff says , to wit in his Bill, to wit is admitted
in the character of evidence. According to another maxim
every thing in so far as the character of the Defendant evidence is admitted
which it is not in Common Law practice but is in Equity
practice every thing which the Defendant says in
his Answer (as the word is) as provided at on the supposition of its making it being understood that to
against him admitted in the character of evidence [+]
[+] and unless contradicted
by his extraneous witnesses
taken for true In practice The
exclusion thus professed in profession put upon upon self-serving evidence
is however a pretence to a very considerable extent
eluded: for note whatsoever part of the Defendant's confession is regarded as making against
the Defendant, the Defendant is very ill affected of by the dexterity
of his learned assistant a sufficient portion of
that sort of matter is not inserted: as parenthesis
in any number may be inserted, one in the belly of another
the operation necessary to this purpose is plain and easy

64: or 12
Narrative is composed of statements
of facts — supposition
is that it consists of
2 distinct intelligible parts
1 — matter in favor of Deft
2 — do — disfavor of do
This not in the nature of
things.

Received or not in evidence a narrative is imposed
consisting of an aggregate of statements made in relation to an aggregate
of facts of matters of facts (states of things or nature some contemporary with
relation to each other, other successive. When of a narrative
made on this occasion the whole of the matter comes from
two pairs of lips, on one pair hand those lips or that hand being the lips or hand of a Defendant what the laws of evidence suppose
is that it consists of two distinguishable parts or parcels
one containing so much of the matter as will operate in
difference of the Defendant, the other of so much as
will operate in his favour, the matter of each parcel being
at the same time intelligible. To this supposition the nature
of things is not altogether favourable: as well might it
be supposed that if f on every page of this paper one
haf half of the words were drawn out in the way of lottery,
the other half would remain intelligible. the The more compleatly incapable
incapable the rule is of being complicit
with, the less is the
difficulty experienced
in eluding it the endeavour
employed in the eluding of it.

Identifier: | JB/056/268/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1828-07-25	Marginal Summary Numbering	63 or 11 - 64 or 12
Box	056	Main Headings	Procedure Code
Folio number	268	Info in main headings field	Jud
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C6
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18324
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