18 June 1805

Evidence

Introd

Ch. Procedure Technical

''.8 Mendacity encouraged

limited to parties

''.8. Limitations to the encouragement given to mendacity - not extended to witnesses - why.

The encouragement to be given to mendacity was not indiscriminate. In whatever cause profit was to be made by it, to these uses the encouragement was to be extended: where no profit was to be made by it, the encouragement did not /was not to/ follow it.

It was accordingly to be given to parties and t both parties: because it might happen to either party, demandant or defendant to be in the wrong /and that knowingly, in/ in respect of his acting in that character and to know himself to be so. and whichsoever of them was /were/ conscious of being in the wrong, to him it could be but natural to apply the licence given to him for mendacity /his mendacity-licence/ to the purpose for which it was given to him /put into his hands/, viz: the manufacturing of those operations /fabricating of such false assertions/ to which when exhibited in the form the effect was annexed[?] of giving rise /birth/ to those operations instruments and delay, to which so many definite portion of expence at the charge of the suitor, and to the benefit and profit of the man of law were /had been/ attached.

To be given - to parties, yes; who in virtue of the mendacious assertions, express or implied, in which the delays given to them, ... to that one of them who was in the wrong) were grounded, were witnesses in /each for himself /on his own behalf/, witnesses/ put through without the name. To parties in the character of witnesses, self-regarding witnesses, yes: but not to what are commonly understood by the name of witnesses, extraneous witnesses in case of mendacity and the other securities against mendacity. To these punishment was accordingly applied, and why? 1 Because from mendacity on their part no such service as in the case of parties, as above, nor in short any other service accrued to the man of law: 2. Because on the other hand in case /[...?]/ of mendacity on their part, in case of prosecution for the mendacity, where prosecution supposes punishment by this suit as by any other the mass of profit was encreased: which suit, even and above the pecuniary profit would afford to the man of law the opportunity of encreasing his stock of [...?] popularity, by the zeal /reputable quality/ which the prosecution would afford him an opportunity for displaying - the law of justice.