JB/056/214/001

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1827. Novr. 4
Law Amendment.

Propositions.
Ch. Procedure
§. next to Applicatn & Suits
Evidence-elicitation
Existing system

If the need of elicitation were apt
in an Equity case, so would it be in a
Common fees case: if in a
so in an Equity case

6
Existing system
exclusion of litigant
witnesses

Against evidence of litigant witnesses, the existing system
shuts a peremptry door. Nemo debet esse testis in propria"
causa says the oracle. Thus Against what witness is it
shut? against him who is most likely to know most about
the matter, and whose narrative if in so far as fable is
least likely to be deceptive: for by a non litigant witness may be
possessed an interest in the Suit an interest more valuable than
that of th either litigant and at the same time unknown and
undiscoverable: no eye so blind as not to be open to the law
under which is delivered whatsoever is delivered by a party in
the suit.

But that which against which the existing system shuts
the door it lets in at a wicket: and for this it has wickets more
than one.

7
Admitted underhand
in equity

In Equity it sets out with the exercise of given to a licence
given granted to the plaintiff to extract so it be by written interrogatories
the evidence in like manner written from the proposed defendant. No objection
here: true, but, the adverse party being elicitator no information
but by from which partially favourable to the examiners interest
will be called for. True again: but though not called for it
will not be the less surely delivered; directly comes forth what
is called for: in the form of a parenthesis, stuck into the
belly of a direct statement what is not called for: what is
a self-defining part directly and of course as sparingly as possible
may be: the self serving in whatever quantity may best serve.

The proposed Defendant the examiner speaks on his part of as what he then
speaks on paper there be any thing that is false. In all that he says Under no obligation
is the plaintiff elicitator the to speak a syllable of what is true
and in large proportion he is under compulsion obligation to say what
is false, what he knows to be false: every thing which he not
having to his need to know he must begin with saying that he
knows has it already and in no other form is he allowed to ask for
it.

Here then Then we have testers we have testimony we have testis
in propria causa on both sides: under obligation, on the one side to abstain from falsity falshood
on the other to revel in it to indulge in it

Identifier: | JB/056/214/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-11-04	Marginal Summary Numbering	6-7
Box	056	Main Headings	Law Amendment
Folio number	214	Info in main headings field	Law Amendment
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2 / C1
Penner		Watermarks	BROCKLESBY & MORBEY 1827
Marginals	George Bentham	Paper Producer	Edmund Henry Barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	18270
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