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EVIDENCE Civil.
It somewhat and consistent when one thinks of
it
That while people who have no concern in a
dispute are sent for from all parts of the
world to tell what they know about it, the
very persons who know most, the parties tho' whole
theyshould live close under the Courts, are the very persons
who in the Law will not permit even
can never be called upon.
True says the practised Lawyer, but this is on great
wisdom, as seeing knowing on the one hand the great
danger of Perjury, if every one were to be permitted
to give evidence in his own cause behalf
testimony in his own favour: &
on the other the hardship of compelling him to
disclose any thing to his own prejudice.
And how would a poor Lay man who should dare
to suggest this from the lights of simple his untutored reason
be part to confusion & to shame; returned
by his antagonist & confounded by the authority of
the wisdom ofLaw, steady and inflexible and laying down to
itself these maxims of prudence from its first
original, & not to be changed from its foundations for
the of the new
half-informed Projectors
To one however, who knows that all this is but
sound, that this maxims have been long
, that all the considerationthis from which all these horrible
consequences are apprehended may be obtained
at any time by him who is able at the same
time that he is willing to purchase it at come up to the price [that
is demanded. ] that if it is unsafe & heard, on
one side of the table, it is probably safe & reasonable
on the other, these onerous afford little
trouble:excuse-to he will give this advocate histhe
choice to whither the rules maximums shall be reasonable
or otherwise, and then put him to vindicate
the practise, if he can.
That the same thing should be excepted in a cause
that is acknowledged to be imperfect, while it is remain for
hidden to be executed and a course accord acknowledged
to be the most perfect — desirable by the wit
of man is when the danger of prevacation is increased
ten-fold by the for premeditation:
when the blushes of guilt are by the will
of the client of the of the
EVIDENCE CIVIL Examination of Parties. BR Second-hand.
---page break---
+ so late as the reign
of Elisabeth, precedents
are calculated
to evince a reliance rather
on the humility & carrier brief of their replication
, than on the
of the cause.
The same
which taught
man to rely on such
methods of proof as the
brief by ordeal is by
battle, suggest this
in form of the defendant
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evidence; procedure code |
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procedure evidence civil |
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jeremy bentham |
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