31 Jan y 1805

Evidence

Securities

Ch. Engl. Summary

''.1. Conscience

The evidence-excluding rules (of which in the next book) being as [...?] /compleatly/ in this copy of the natural domestic tribunal as in the original, each man /party/ is admitted to tell his own /state his own/ story, neither party's story is conclusive: each party is admitted to speak the truth so far as it makes for him for himself, neither party is exempted from the obligation of speaking the truth where it makes against him.

Each party being put to his oath, or what comes to the same thing liable to be subjected to the law of that sanction /know his security that to that best at any time/ at a moments warning /upon the spot/, restraint can thus /by this/ be put upon insincerity and temerity, whatever security can be given for a mans being really persuaded of his having justice if his side takes place of course.

When a man comes to tell his own story to give his own evidence on his own behalf /favour/ which is what he must do when /so far as/ the facts which he relies on for the ground of his claim or counterclaim have fallen within the cognizance of his own senses, and of none but his, in such primary deposition there is no place for questions. Accordingly in this case which is a very common perhaps the most common one, the cause opens with a sort of statement or narrative, unbroken by questions on that side. If any questions are put to him by the opposite party the defendant, these questions bear of course the character and have the effect of adverse cross-examination. The defendant if he on his part has any fact to state on his own behalf, does so on his part, as the plaintiff did in his, and like him is subjected of course to the same process of cross-examination. The Judge on his part interposes, as often as he sees reason, by observations or by questions, as circumstances may require.