3 April 1805

Evidence

Securities

Ch. Procedure Natural

''. Leading features

In this system four principal distinguishing features demand our notice: it is to these /them principally/ that it stands endebted for its exclusive conduciveness to the ends of justice.

1. In case of mendacity, the /a/ party is as much exposed to eventual punishment, as any extraneous witness. In the domestic procedure /system/, all are alike subject to /embraced by/ the power of the Judge.

2. Both parties facing one another in the presence of the Judge, each part of any mendacious /of any false/ allegation be altered[?] by him, and the mendacity of it be apparent or deducted, stands exposed to present shame.

3. Both parties facing one another in the presence of the Judge, each party is subject to vivâ voce examination by questions put to him at the instant, as well by the adverse party where there is one, as by the Judge: questions the object and tendency of which, in case of any deviation from the truth, is, by means of the answers thus extracted to bring it to light; in case of any deficiency produced by the suppression of any part of the truth in which the justice of the classes depends on either side, to supply it. /cause it to be supplied/.

4. Each party, seeing if for his advantage to which at the very outset the best case possible, because upon the then apparent goodness of his case would depend the reception thus given to his claim, each would naturally, and in general at that first stage do his utmost to bring to view in its fullest extent so much of the case that is of the facts or supposed facts contained in it, as were favourable to himself: and as all the facts belonging to it would be favourable either to one side or the other, by this means, between both, the whole of the case would thus, at that first stage, as far as depended upon the parties be brought into view of the Judge: and by the admissions made in each side at this first stage, all mendacious denials[?] running counter to such admissions /operating in extend [...?]/, would be barred.